Blog
Category: Wills & Estate Planning
Tasks for the executor after probate is granted
Probate is the process of the Court confirming that the Will is valid and the executor may distribute the assets of the deceased estate. Once probate is granted, the executor needs to attend to several steps before distributing the assets as outlined in the Will of the deceased.
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How long does probate take in Victoria?
The timeframe for probate in Victoria can vary, depending on a number of factors. Generally, the official Court process of granting an application for a Grant of Probate, assuming the application is complete and accurate, will be 1-4 weeks. However, there are other matters that can delay probate.
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Time limits for family provision claims when contesting a Will
There are strict time limits that apply for an eligible person to contest a Will. This blog explores what a family provision claim is, the time limit for an applicant to bring a claim against an estate, and factors that the court will take into consideration when determining whether that time limit should be extended.
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What if my attorney takes advantage of my power of attorney?
The powers granted to an attorney under a Power of Attorney may be significant. This creates the risk that some attorneys may abuse their appointment for personal gain. We look at ways you may prevent an attorney from taking advantage of your Power of Attorney what to do if you suspect that they are taking advantage of their position.
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Does the executor of a Will get paid?
The tasks an executor undertakes can sometimes be complex and time consuming. An executor of a Will may seek payment for their efforts and time in administering an estate.
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Can I make handwritten changes to my Will?
When updating a Will, some people may be tempted to simply handwrite and initial changes on the original Will. This poses the question, “are handwritten changes to my Will valid?”
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What happens if I die without a Will?
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.
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What happens if the original Will is missing or lost?
In this article, we look at your options if you’re the executor of an estate and the original Will is missing or lost.
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Mediation in family provision claims when contesting a Will
As part of a family provision claim (contesting a Will or estate), you will be required to participate in a mediation to try to resolve the dispute outside of court.
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Estrangement in family provision claims
We explore how estrangement is treated in family provision claims, and what a Will-maker may be able to do to protect their assets from potential claims contesting a Will.
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What is the effect of marriage, separation or divorce on your Will?
If you have recently divorced or are considering marriage or have re-married, these events can significantly affect your Will, including revocation.
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What is undue influence towards a Will-maker?
If you have suspicions that a vulnerable or elderly family member has been unduly influenced in drafting or changing their Will, you may wish to challenge the Will’s validity on this basis.
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