Probate is often required when a person dies leaving a Will to enable the assets to be distributed to the beneficiaries of the Will. Estate lawyers will assist in the estate administration. They will prepare and apply for the Grant of Probate and advise the executor on the distribution the estate.
The executor/s is appointed, by the deceased, in the will and they are to see that the beneficiaries obtain their share under the will and handle the administration and distribution of the estate. This includes paying for the bills, liaison with lawyers and property upkeep etc.
The Executor/s are required to apply for a Grant of Probate from the Supreme Court. The Supreme Court will make an order which confirms that the deceased’s Will is valid and give authority to the Executor/s to deal with the Estate in accordance with the Will.
Our probate lawyers will help prepare the grant of probate and submit the probate application with the Supreme court.
If the deceased person has died intestate (ie without a Will), a similar process is followed but is known as Letters of Administration.
We provide an efficient probate process, which is designed to provide as little bother to the Executor as possible in what is usually a difficult time. We understand the legal processes and will promptly obtain the Grant of Probate or Letters of Administration, to bring the Executor’s legal responsibilities to a close as swiftly as possible.
If a dispute arises or there is an issue between the executor and the beneficiaries, then you may need legal advice to resolve the dispute.
An executor can be removed in certain circumstances and where they may not be managing the affairs correctly can be challenged.
If you require legal advice and assistance on how to remove an executor or resolve a dispute our estate lawyers are experienced in handling complex disputes and litigious matters.
Read more on Estate Claims or TFM Claims here.
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