How Long Does It Take To Settle An Estate?
Settling an estate, sometimes known as the probate process, is a crucial step in the distribution of a deceased individual’s assets and property. In a perfect world, the short answer is this process should take between 6-9 months. But the truth is, there are several factors that will come into play and could extend the […]
Estate planning vs. Will vs. Trust
There’s this taboo about estate planning that keeps some people from recognising the importance of it. At its core, estate planning is about providing for your loved ones after you’re gone. This includes making sure they’re taken care of financially and emotionally. Legal jargon can be intimidating to digest and it’s easy to get overwhelmed. […]
Who can challenge a will & on what grounds?
There are a couple of common reasons why an interested party may challenge or contest the terms of the deceased’s will. The first is that they query the validity of the will, and the second is that they do not believe they have been adequately provided for in the will. While people make a will […]
What to do if the executor acts against the estate?
When a person dies the executor of the deceased will has a number of very important responsibilities.
Among many duties, the executor is called upon to make sure funeral arrangements are carried out per the deceased’s wishes as well as advise beneficiaries of their entitlements, apply to the Supreme Court for a Grant of Probate…
How to prevent someone from receiving part of your estate
No matter what you do, it’s unlikely that you’ll be able to keep your family from bickering over your will. Inevitably, a family member will be upset about what they did or didn’t “get”. Things can be even more complicated if you’ve left an eligible recipient out of the will altogether. This is because there’s […]
Does my parent have testamentary capacity to update a will?
Learning that your parent wants to update their will can be a source of consternation and concern. This can be especially upsetting if you find out that your mother or father now wants to exclude you. Maybe you are concerned that your parent wants to change their will because they’re under duress. Perhaps they’ve had […]
Who should I nominate as my enduring power of attorney?
Appointing an enduring power of attorney should become an important part of any advanced care plan, particularly as you get older. An enduring power of attorney is a legal document which authorises another person or persons to act on your behalf in managing your affairs, which can become particularly relevant as you age and potentially […]
What happens when there’s no enduring power of attorney?
Appointing someone you trust with power of attorney is likely one of those things many of us dismiss as unimportant, or more likely put off as something we can always do another day. But the consequences of not making someone you trust as your power of attorney can have costly and complicated consequences for your […]
What is a will and why do you need one?
A will is one of the most important and practical legal documents you will create in your lifetime. By making a will, you ensure a number of things will happen once you pass on – specifically, that your property and assets will be distributed after your death in the way that you want them to […]