At Williams & Lay Lawyers, we understand that dealing with a deceased estate is one of the more difficult challenges in life. From mountains of paperwork to legal jargon and simmering family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life.
So, let us help you by:
Have you been chosen by a family member or friend to be the executor of their will? This means that you have been given the responsibility to manage their estate according to the terms they’ve outlined in their Will and to protect their assets under the various laws and rules that govern estate administration in Australia.
Organising the funeral, notices for the paper, flowers
Locating the Will
Obtaining a copy of the Death Certificate
Making sure any property and assets are safe and secure
Determining the value of assets
Applying for Probate
Paying insurance policies, debts and taxes
Collecting monies belonging to the deceased from financial institutions and insurance companies
Collecting debts owed to the deceased
Lodging tax returns for the deceased and for the estate
Selling properties and assets
Reporting to beneficiaries
Distributing the proceeds of the estate to beneficiaries
Setting up trusts
Being an Executor can be overwhelming, particularly when you are grieving, but rest assured, we can guide you through.
It depends. If you are a beneficiary of the will, it is presumed that your benefit will cover your costs. If you’re not a beneficiary, then you can apply to the Supreme Court for commission.
Estates vary in complexity, and Executor’s duties can be complicated, so it may be a good idea to get advice from a lawyer. The estate, not the Executors, usually covers the cost of legal advice.
Probate is recognition of the will’s validity and permission from the Supreme Court for the Executors named in the Will of the deceased to carry out their duties in relation to the Estate. You will likely need a grant of Probate to deal with the assets of an estate, such as selling property and obtaining bank funds.
This situation is referred to as intestacy, and the law determines how assets will be shared out after debts have been paid. If you are the next of kin, you can apply for Letters of Administration, which will give you authority to finalise the estate.
Just because you have been named an Executor doesn’t mean you have to accept the responsibility. If another executor is named, they can take on the whole job, or if you are the sole executor, you can apply to the court to appoint someone else. You cannot change your mind later, though – giving up the responsibility is final.
If you’ve been left out of a Will or have been unfairly treated in terms of the amount of your inheritance, you may be able to make a claim against the estate. But who can contest a will? It varies from state to state, but some of the people who may be entitled to claim include people who had a relationship with the deceased such as:
This is a very general guide only, so please contact us to discuss your particular circumstances.
Yes, there is. In most cases, you will only have 12 months from the date of their death to make a claim or you will only have 6 months from the grant of probate to make your claim. In certain circumstances, we might be able to obtain an extension of the time limit, so please contact us to discuss your situation.
You can challenge a Will if you believe that the will is a forgery or if the person lacks the mental capacity to make a Will. You can also challenge a Will if you believe that undue influence was brought to bear upon the deceased or if there was fraud involved.
First, contact a lawyer who can assess your claim and discuss the particular circumstances of your claim. If it’s worth continuing, we will contact the executors and notify them of your claim. We will then gather evidence, prepare documents, and make an offer to the executors. Many claims are settled through negotiation at this stage.
If the matter isn’t resolved, then we can lodge documents with the court to initiate proceedings. We can still negotiate; in some cases, the court will require mediation.
Failing all else, we will proceed to a court hearing wherein the evidence will be presented, and the judge will make a decision.
At every stage of contesting or challenging a will, it’s essential to have sound, experienced legal advice. We have the skills to negotiate on your behalf to avoid costly court fees, but if it comes down to the court, we also have the skills to fight on your behalf.
We will work with you to understand your unique situation and ensure that your interests are represented; contact us today to learn more about how we can help you.
Phone: 03 9737 6100
Email: info@williamslay.com.au
Address: 13 Castella Street, Lilydale, Victoria - 3140
ABN: 86 650 898 418
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