Deceased Estates and Probate
Dealing with the death of a loved one can be a very stressful time. We understand that dealing with the estate of a loved one can be difficult and we try to support our clients at such a time. Having a professional look after the ‘paperwork’ will generally allow the grieving party to focus on their personal situation, it will also help you to deal with the questions that will inevitably come from family members and potential beneficiaries about the estate.
Even if there is no dispute between potential beneficiaries there will be things in regard to property, such as bank accounts and real estate, that will need looking after. However, if there is a dispute the executor will find this very stressful, and will need the support of a caring and competent lawyer. For more information click on the button link for "Probate".
Wills, powers of attorney and enduring guardianship
Have you been thinking about making a will but been too busy to get around to it? Unfortunately, many people put off making their wills until it is too late. When someone dies without a will the law dictates who inherits their property and in what proportions. This can mean that what happens is not what the deceased would have wanted, and can mean that needy, deserving people miss out. Additionally, even if your desires seem straight forward (for instance, everything to my spouse) the paperwork and other difficulties that are associated with Letters of Administration is very stressful, at a time when they are already dealing with other issues (like grief, fighting family members, or looking after children without your help).
Challenging a Will
In NSW it is possible to challenge a will on a number of grounds, including that the person who made the will did not have necessary level of mental capacity when they made the will. Additionally the Succession Act states that certain categories of people, such as children or spouses, have the right to make a claim if they were left out of the will or provision for them in the will is inadequate.