- Deceased Estates
Few people, even those who have been named as executors in Wills, know exactly what has to be done when a loved one passes away.
There are many questions beneficiaries, executors and family members may have including:
- Who pays for the funeral costs?
- Is there a “reading of the Will”?
- Where do I get the certificate of registration of death from?
- When should I start dealing with administration of the estate?
- If there is no Will who is entitled to the estate?
- What should I do if I have been left out of a Will?
The McKays Estate Planning team will be able to provide you with the answers to these questions and will also provide expert advice and guidance in what steps you need to take, and when.
Finalising the Deceased's Estate
Our experienced team can explain to an Executor exactly what has to be done, how long it will take and how much it will cost. We will look after all the steps that have to be taken to ensure that the intention of the deceased is carried out or, if you prefer, we can let you carry out as much of the work as you feel comfortable with and simply assist you as and when requested.
With the professional help of our Estate Administration team, you will be able to fulfil your important duty as an Executor with the least stress and hassle and ensure the estate is distributed to the deceased's family as soon as possible.
Challenging a Will
Being left out of a Will or being the Executor of, or a beneficiary under a Will which is under challenge can be a very stressful experience.
Spouses, former spouses, de facto spouses, children, adopted children, stepchildren and dependents, may be entitled to share in a deceased person’s estate, even if they are not included in the Will.
We will help you and your family understand what your rights are when:
- someone has been unfairly left out of a Will, or,
- someone tries to challenge the Will, whether you, as the Executor, should defend such a claim.
Importantly however, there are very strict time limits that must be complied with. You should seek advice as early as possible as delays can lead to problems.
Looking after the administration of an estate may be difficult and at times traumatic and you will be confronted with some complex legal issues. Our Client Guide addresses issues such as the difference between an executor and administrator, the associated costs of dealing with an estate, issues of obtaining probate and letters of administration, how and when to distribute the assets to the beneficiaries, and trusts (to name a few). These are all concerns, you may need to consider when handling an estate.