Deceased Estates

When someone dies, their Will isn’t necessarily the final word on how their assets will be distributed. Some people connected to the deceased have the right to be fairly treated and provided for, regardless of what the Will says. That can include a spouse or former spouse, children and dependants, siblings, carers and others.

If you’re the executor of a deceased estate you need confidence and certainty when it comes to obtaining Probate, distributing assets and administering the estate.

If it’s your estate plan (which includes your Will, your superannuation and your family trusts), you may also have to face the reality that the Will could be challenged.

Our team of deceased estates lawyers are experts in guiding executors and trustee companies through every step of managing a deceased estate from obtaining Probate through to administering the estate or a testamentary trust. We also specialise in defending Wills, superannuation funds and family trusts when they’re challenged by a family member or beneficiary who isn’t happy with what they have (or haven’t) received.

Alternatively, if you feel that the intentions of the deceased aren’t being carried out or that you haven’t been properly provided for in a Will, we’re also experts in helping you act quickly and decisively to challenge it.

We can:

• Guide you through the Probate process, including the grant of Probate and Letters of Administration.

• Advise you on administering assets across different countries and jurisdictions.

• Help you defend a claim against an estate from an aggrieved family member or disgruntled beneficiary.

• Help you challenge a Will when you’ve been dealt with unfairly or where it doesn’t reflect the intentions of the deceased.

• Help you resolve estate disputes through negotiation, mediation and other informal dispute resolution techniques.

• Represent you in court when someone challenges a Will and you’re a trustee, executor or beneficiary under it.

• Advise you on setting up, terminating or administering a trust, including charitable trusts and discretionary family trusts.

• Advise you on your duties and obligations as a trustee or executor.