Resources

So you’ve been appointed as executor of a will – What next? The death of a loved family member or friend is invariably a difficult time, and without a properly implemented estate plan, it can become an unfortunate burden on the executor of the deceased person’s estate – once again reaffirming the importance of fulsome estate planning that can minimise distress at that unfortunate time.

Contesting a will often comes with strict time limits, so you must act quickly if you intend to make a claim. Find out the ins-and-outs regarding the time limits when contesting a will.

The Courier-Mail ran a story on a case where a friend of the deceased was hoping to get the changes the deceased made to his will on a beer carton validated as his final will. Below is our summary of the case:

As much as we estate solicitors ‘harp on’ about the importance of having a will, or having an up-to-date will, it’s actually not because we’re bored and seeking work – it’s because of the all too real situations we come across when we see things go wrong. 

Without stoking the embers or fearmongering, the reality of COVID-19 and its disruption on our livelihoods is now an undisputable reality.

One question we are frequently asked is does a child or grandchild of a deceased have the right to contest a will?

Suspect the Executor isn’t properly administering the Estate?  What can you do to remove them?

Have concerns about the validity of a will? Will validity disputes are inherently complex, Below we include a brief summary of the various will validity challenges.

Generally speaking, an attorney owed a duty of absolute loyalty to the principal – meaning that the attorney must place the principal’s interests above their own, and always act in the principal’s best interests.

As you may guess due to the word ‘elder’ being in the title, elder law focuses on the rights and responsibilities of aged persons. 

So, you’re Executor (or Administrator) of the Estate – and now there’s Litigation. What to do next?

Where there’s no will, it means that there cannot be an executor – because an executor is the person appointed by the will to carry out the instructions contains in the will. Where there’s no will, the scenario is called an “intestacy”, and the deceased person is said to have died “intestate” – that is, died without a will.

Business as usual at O'Connor, Ruddy & Garrett during COVID-19

A relative or friend has just passed away, and I’m the executor? What do I do?

So you know what probate is (and if you don’t, see our article “What is Probate” here). The next question usually is, "Do I need a grant of probate?"

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