Probate is the process of proving that the deceased person has left a Will
and registering the Will with the Supreme Court. The granting of Probate by
the Supreme Court gives authority to the Executor to deal with the estate of
the deceased person.
In addition to the obtaining of Probate (which can often be time consuming
and complicated), the Executor named in the Will has a duty to carry out all
the obligations as stated in the Will. These obligations must be carried out
lawfully and diligently.
These obligations include:
● Notifying all interested parties of the death of the deceased
including banks, government organisations and creditors.
● Identifying all beneficiaries as stated in the Will.
● Paying all liabilities of the deceased.
● Adhering to specific timeframes as detailed in the legislation.
If the Executor does not carry out his/her obligations as required, the
Executor may be held personally liable. For example, there have been
occasions where the Executor has been held personally liable for the debts
of the deceased.
Problems may also exist where:
● The validity of the last Will is in question.
● The Will has not been prepared or executed correctly in accordance
with the legislation.
● There is uncertainty surrounding the Will.
Bob Zelden of Zelden Solicitors will assist you in:
● Correctly preparing numerous legal documentation in order to obtain
the Grant of Probate.
● Notifying all required institutions and creditors when dealing with the
estate of the deceased person.
● Paying all debts of the deceased from monies held in the estate
of the deceased.
● Distributing all estate assets to beneficiaries in accordance with the
terms of the Will.
● Strictly complying with all necessary timeframes to ensure that the
Executor is not held personally liable.
● Dealing with all problems as they arise ensuring that the Executor is
fully informed at all times and capable of making decisions and
providing concise instructions on moving forward.
Contact Bob Zelden of Zelden Solicitors today and move forward with the
Probate process ensuring peace of mind.
Letters of Administration are required where either:-
- A person dies without leaving a Will; or
- A person dies and the original Will cannot be located; or
- The Executor named in the Will is unable to undertake his/her duties
for any reason (whether the Executor is not of sound mind, dies or
has a disability preventing him/her from undertaking such duties)
In these situations, an interested party (usually the deceased person’s next
of kin) can make an application for Letters of Administration.
Such an application may be made far more complex than applying for
Probate had the deceased person left a valid Will.
If the interested party is appointed as an Administrator of the Estate, then
he/she has obligations often similar to that of an Executor.
These obligations include:
- Notifying all interested parties of the death of the deceased including
banks, government organisations and creditors. - Paying all liabilities of the deceased.
- Adhering to specific timeframes as detailed in the legislation.
If a person dies without a Will, the law makes clear who is entitled to the
assets of the estate. Bob Zelden of Zelden Solicitors will assist you in:
- Advising who is best suited to apply for Letters of Administration in
your particular circumstances. - Correctly preparing numerous legal documentation in order to obtain
Letters of Administration. - Notifying all required institutions and creditors when dealing with the
estate of the deceased person. - Paying all debts of the deceased from monies held in the estate of
the deceased. - Distributing all estate assets to beneficiaries as detailed in the
legislation or as otherwise required. - Strictly complying with all necessary timeframes to ensure that the
Administrator is not held personally liable. - Dealing with all problems as they arise ensuring that the
Administrator is fully informed at all times and capable of making
decisions and providing concise instructions on moving forward.
Contact Bob Zelden of Zelden Solicitors today and move forward with the
Administration process ensuring peace of mind.
Not all valid Wills are fair.
Often a person (such as a family member) is left out of a Will or is not
adequately provided for under the Will.
In these situations, such person may have the right to make a claim to the
Supreme Court of New South Wales for a larger share of the
estate of the deceased.
Prior to commencing a claim for a larger share of the estate of the
deceased (that is, a claim for provision), such person must first establish
that they are an ‘eligible person’ as defined by the legislation.
‘Eligible persons’ include:
- the wife or husband of the deceased
- a person who was living in a de facto relationship with the deceased
(including same sex couples) - a child of the deceased (including an adopted child)
- a former wife or husband of the deceased
- a person who was, at any particular time, wholly (entirely) or partly
dependent on the deceased, and who is a grandchild of the deceased
or was at that particular time a member of the same household
as the deceased - a person with whom the deceased was living in a close personal
relationship at the time of the deceased persons death.
Once proved to be an ‘eligible person’, the court then determines whether
such person has a valid claim on the estate of the deceased.
Among other considerations, the Court considers whether the Will of the
deceased has adequately provided for the maintenance, education or
advancement in life of the eligible person.
In making such a claim, time is of the essence. Such claims can only be
made if they are commenced within twelve (12) months of the date of death of the deceased person.
Bob Zelden of Zelden Solicitors will assist you in:
- Determining if you are an ‘eligible person’ as detailed in the
legislation. - Analysing your personal situation to determine the prospects of
success of a claim for provision lodged by you. - Collating and preparing the required documentation to make a claim
for provision. - Gathering detailed evidence to support your claim for provision in
order to maximize your claim. - Sticking with you during the whole process to ensure that you are
fully aware of the situation at any time. - Adhering to specific timeframes as detailed in the legislation.
If you feel that you have not been adequately provided for in a Will, contact Bob Zelden of Zelden Solicitors to discuss your situation
immediately. You will be happy that you did.
Of course, there are other circumstances where a Will can be challenged in
the Supreme Court of New South Wales besides the making of a claim for
provision.
These situations include:
- That the Will is not a valid Will;
- That the person making the Will lacked testamentary capacity or was
not of sound mind at the time of making the Will. - There was undue influence upon the deceased person at the time of
making the Will.
Contact Bob Zelden of Zelden Solicitors today to discuss these and other situations surrounding the estate of the deceased. Your rights shall be
clearly explained allowing you to make informed decisions about what
next ought to be done.