Having a valid Will enables you to decide who receives your estate after you die. If you die without a valid Will, the law decides who gets your assets. This is referred to as the laws of intestacy.
In this article, we look at who is entitled to see a Will of a deceased person, how they access that Will and their legal recourse if access to the Will is being obstructed.
We explain the role of your executor after your death, including their responsibilities and obligations and what you should consider when appointing an executor.
An Informal Will is a document that doesn’t strictly satisfy the legal requirements for a valid Will under the Wills Act (Victoria). Invalid Wills can present problems at probate but in some circumstances, they can still be admitted to probate by the Supreme Court.
We look at disputes between executors in a Will and how those disputes can be dealt with to enable the application for a Grant of Probate and the administration of the estate to move forward and be finalised.
Anyone who has a Will, or is considering writing a Will, needs to be aware of the potential that their Will can be contested (or challenged) after they die.