Everyone is strongly advised to prepare a Will in their lifetime and review any existing Will when their personal situation changes. Preparing a valid Will is the only way to ensure that your assets will be distributed in accordance with your intentions.
In certain circumstances a Will may be challenged. However, in the hands of an experienced practitioner a carefully drafted Will significantly reduces the likelihood of that happening.
If a valid Will is not made during one’s lifetime, assets are distributed in accordance with the rigid statutory hierarchy. This could result in the wrong person inheriting your assets or worse a loved one missing out.
Will drafting is a specialist art; it requires lawyers to have a thorough understanding of the law in a wide variety of fields as well as considerable professional skill in applying the law. With this knowledge and skill you can rest assured that our lawyers will draft an effective Will which fulfils your intentions.
Without a detailed understanding of the legal requirements of a Will, there is a risk that your Will is declared invalid and your testamentary intentions ignored.
For any Will, Probate and Estate Dispute matter, contact us today on (02) 8084 2764.
In simple terms Probate is the process of exercising the deceased’s intention as set out in their Will.
Probate is the proving of the will. Probate gives the executor title to the deceased’s property as of the date of death for the purpose of paying the debts, funeral and testamentary expenses of the deceased and administering the estate according to the terms of the Will.
Our lawyers have a thorough understanding of the applicable legislation and are understanding and sympathetic to client expectations. Our lawyers will work efficiently and effectively and ensure that:
- You are kept fully advised on the matter; and
- A grant of Probate is obtained without delay.
Letters of Administration
Often a loved one may pass away without a Will or their Will is invalid due to a legal defect. In these circumstances the deceased dies intestate. Rather than apply for probate, in order to distribute the deceased’s assets Letters of Administration must be obtained.
The assets are distributed in the following priority:
- Surviving spouse;
- Next of Kin;
- The Crown.