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.
While litigation in Estate matters is growing and it is tempting to fight for what is “right” or what the deceased person wanted, sometimes what you need is advice about your settlement options. We are experienced litigators ready to fight your case, but we also understand the cost of litigation both financially and emotionally and can help you to make well informed decisions regarding the administration of Estates and management of litigation or settlement negotiations surrounding Estates.
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).
By making a will you can do something to avoid unintended consequences and be much more confident that your assets will go to the people you want them to go to. For more information follow the link marked 'Wills'.
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.
Some other people can make a claim on the basis that they were a ‘dependent’ on the deceased and that the estate ought to make further provision for them. If you come and see us we can discuss your situation with you and advise whether you have any realistic prospects of success, and what needs to be done to pursue the claim.
Bruce was admitted as a solicitor of the Supreme Court of New South Wales in February of 1977. He promptly began practicing as a solicitor in Penrith and has been living and working here ever since. He is experienced in helping people to plan their Estate and prepare their documents, and can assist you with your Wills and other documents.