Defend An Estate
Overview
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
In such circumstances it is advisable to seek advice from a specialised wills & estates lawyer, at a cost that is usually covered by the deceased’s estate. Whether you are experiencing difficulty in administering a will or find yourself defending a will, Simons George Wills & Estates lawyers will work hard to guide and assist you in exercising your duty as executor.
Probate and Estate Administration
In New South Wales, "estate administration" refers to the legal process of managing a deceased person's estate, guided by the Probate and Administration Act 1898 and common law.
Family Provisions Claims
In New South Wales, a Family Provision Application allows individuals who believe they have been unfairly provided for under a Will, or who were left out entirely, to seek a fair share of the deceased's estate.
Defending an Estate
Defending a will in the event that a family provision claim is made can be complicated and stressful without appropriate expert legal advice.
Contesting or Challenging a Will
If you've been excluded from a Will or received an unfair share of the estate, you may have grounds to contest or challenge it.
Beneficiaries with Special Needs
Ensuring beneficiaries with special needs are adequately protected can be challenging.
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Our team is prepared to assist you today.
Call on 1300 344 960 for a complimentary 30-minute consultation for new clients.
Executor’s Duties
What You Need to Know
If you’ve been named as an executor in a Will or appointed by the court as the administrator of an estate, you have several important responsibilities. Your role involves ensuring the estate is managed according to the Will or, if contested, defending the estate’s provisions. Key Duties of an Executor:
- Protect and Collect Assets: Safeguard, gather, and inventory the deceased’s assets.
- Pay Debts: Settle all estate debts and liabilities.
Notify Parties: Inform all interested parties, including beneficiaries, of the estate. - Submit Documentation: Provide the Supreme Court with a comprehensive inventory of assets and administration costs.
- Apply for Grants: Obtain the necessary Grant of Probate or Letters of Administration from the Supreme Court.
- Tax Returns: Finalize the deceased’s income tax returns.
- Distribute the Estate: Ensure assets are distributed according to the Will.
- Handling Challenges: If the Will is contested, you’ll need to provide relevant information to the court and address any claims made against the estate.
Why Choose Simons George? Our legal team at Simons George provides expert support and advice to manage and defend against Will challenges. We handle all necessary court documentation, ensure compliance with legal obligations, and address strict time limits for claims. We also verify the eligibility of claimants and advise on the evidence needed to defend the Will effectively.
Talk To Us Today
Contact us for guidance and assistance to navigate the complexities of estate administration and Will disputes.
We are here to make the process as smooth and stress-free as possible.