Telephone:  02  9601 7900

Address:     Suite 1, 16 Norfolk Street, Liverpool  NSW  2170

DECEASED ESTATES, PROBATE & ESTATE CLAIMS

PROBATE, ADMINISTRATION AND EXECUTORS

FAMILY PROVISION ACT CLAIMS

PROBATE, ADMINISTRATION AND EXECUTORS.  Have you been appointed executor in someone’s Will?  Executors administer the estate of a deceased person in accordance with the terms of the Will.

Executors’ duties include taking charge of the deceased’s assets, ensuring that the estate’s debts, taxes, funeral and administration expenses are paid, and distributing the net assets to beneficiaries.

Applying to the Supreme Court for a grant of Probate is the process of obtaining a formal Court order confirming the validity of the Will and the appointment of the executor. Whether probate is necessary depends on the circumstances of each case. Sometimes it is not necessary where the value of the assets is small, or the majority of assets are held jointly with someone else.

If a claim is made against a deceased’s estate, it is the role of the executor to obtain legal advice and deal with the claim – this may involve negotiating a settlement or defending the claim in court.

If you are appointed as an executor but you don’t want to act, there is a procedure available for you to renounce the appointment but you should do this before you interfere with the estate and its assets.

If there is no Will, or the person appointed in a Will has died, or if the Will doesn’t appoint an executor, there are procedures available for certain persons to apply to become the administrator of a deceased’s estate. In some cases, an application can be made by a creditor, although the court would tend to favour an application by a relative, beneficiary, or other family member.

Frank Alvaro has extensive experience in assisting executors and administrators in their roles.  We offer quality, good-value, specialist and practical advice.  To see if we can help you, call us for more information.
 

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FAMILY PROVISION CLAIMS.  Have you been left out of a Will of a person who recently died, or do you believe that Will did not make adequate provision for you from the deceased’s estate, where it was reasonable for you to have expected more?

In New South Wales, under the Succession Act, if you are an eligible person you may be able to bring a claim against that deceased person’s estate.  Eligible persons are defined by the Act.  They include, for example, spouses, de-facto spouses (including former spouses and de-facto spouses) children of the deceased, a person who was dependent at some time upon the deceased person, and in some cases, grandchildren.

The important thing to note is that generally an application to the court must be made within 12 months of the date of death of the deceased person*.  This time limit can be extended, in limited cases, by application to the court.

Another important consideration is that a claimant needs to act before the estate’s assets are distributed and dissipated without them being able to be traced.

Sometimes, even assets that were transferred by a deceased in the 3 year year period before his or her death can be brought back into the estate for the purpose of a family provision claim.

If you believe you’re an eligible person and you’ve been left out of a Will, or you haven’t been adequately provided for, call us for more information and to see if we can help you.

*The family provision sections in the Succession Act commenced operating from 1 March 2009.  In a case where the deceased person died before this date, this time limit is generally 18 months from the date of death.

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