We are sorry for your loss
Losing a family member or loved one is never easy. Our Oyster Bay Deceased Estates Specialists are passionate about being there for you and your family in this time of need. We will assist you with the preparation of all the necessary legal forms and paperwork that needs to be prepared to finalize your loved one’s estate.
We also know how important it is for you to make sure that your loved one’s gifts or legacy continue.
Are you an Executor or have you lost a loved one who did not have a Will?
Have you been chosen by a family member or friend to be the Executor of their Will? This means that you have been given responsibility to manage their estate according to the terms they’ve outlined in their Will and to protect their assets under the various laws and rules that govern estate administration in Australia.
If your loved one has died without a Will in place, we can also assist you to ensure that all the legal technicalities are taken care of.
An Executor’s duties may include responsibilities such as:
Being an Executor can be overwhelming, particularly when you are grieving, but rest assured we can guide you through this process.
Do I need a Lawyer?
Estates vary in complexity and Executor’s duties can be complicated, so it is a good idea to get advice from a lawyer. The cost of legal advice is usually covered by the estate, not the Executors.
What is Probate?
Probate is recognition of the Will’s validity and permission from the Supreme Court for the Executors named in the Will of the deceased to carry out their duties in relation to the Estate. You will likely need a grant of Probate to deal with the assets of an estate, such as selling the property and obtaining bank funds.
What if there is no Will?
This situation is referred to as intestacy and the law determines how assets will be shared out after debts have been paid. If you are the next of kin you can apply for Letters of Administration, which will give you authority to finalize the estate.
What if I’m not up to the job?
Just because you have been named an Executor doesn’t mean you have to accept the responsibility. If there is another Executor named, they can take on the whole of the job, or if you are the sole executor you can apply to the court to appoint someone else. You cannot change your mind later though – giving up the responsibility is final.
What should I do next?
Whether or not there was a valid Will in place, we are there to provide advice on the processes that follow. We take the hassle out of the legalities that are necessary after the passing of your loved one.
We pride ourselves on being understanding in this time of need.
If you have any questions regarding your loved one’s estate then we are happy to meet with you at a time that is convenient. This is a free consultation where we will gather information from you to enable us to provide you with advice.
Contact us to discuss your particular situation and your family’s needs with an experienced lawyer.