What Is Probate & Letters of Administration?
Probate & Letters of Administration is the process in dealing with deceased estates. It includes identifying assets, collection and paying of debts and complying will legal duties and responsibilities as an executor and administrator such as distributing items of the estate to beneficiaries or heirs of the deceased.
The Consequences of Dying 'Intestate'
If a person dies without a will there can be consequences in that the estate might not be paid in accordance with the wishes of the deceased, and an administrator that you did not wish to administer the estate may take charge of it with unforeseen and unintended consequences.
Challenging a Will Before Probate is Granted
You can challenge a will if you believe you have an interest by lodging a caveat with the Registrar of Probates much like you would with land or real estate and it is in your best interest, to obtain legal advice to carry out this process.
Is it Possible to Challenge a Will After Probate Has Been Granted?
A grant of probate can be challenged by the filing of summons in the proceeding in which the probate was granted. However, the challenger has a heavy onus, being required to show the grounds for revocation of the grant and also an explanation for the failure to prevent the grant in the first place.
An executor's role has a high degree of responsibility and My Lawyers are able to assist you in the process of carrying out your duties.
Take Urgent Action
Contact My Lawyers as a matter of urgency to avoid the numerous pitfalls, serious unforeseen consequences and usually encountered by Executors and Administrators in carrying out their duties and responsibilities.
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