LEGAL DOCUMENTS AND COMMON PROBLEMS RELATING TO WILLS
Distribution of Deceased’s Estate
The distribution of a person’s estate can be made through a grant of Probate or by Letters of Administration from the Supreme Court of NSW which authorises an Executor or Administrator respectively to distribute the deceased’s estate.
Where there is a Will and you are the nominated Executor of the Will, we can help you to apply at the Supreme Court of NSW to apply for Probate. Once the Court is satisfied that the Will is valid, the Court will grant you Probate which authorises you, the Executor, to attend to the distribution of the deceased’s estate in accordance with the Will.
Letters of Administration
Where a person has died but has not left a Will, the situation becomes more complicated. There is legislation that details how the estate of the deceased person is to be handled and the formula for the distribution of the deceased’s estate. Any person who expects to be a beneficiary of the deceased’s estate can apply to the Supreme Court of NSW for Letters of Administration to allow for distribution of the estate.
We can help you to apply to the Supreme Court of NSW for Letters of Administration to allow the Court to appoint an Administrator to distribute the deceased estate according to the legal rules of intestacy under the Wills, Probate and Administration Act 1898.
Claims under the Family Provision Act 1982
Claims can be made against the distribution of any estate where a person for good reason expected to be a beneficiary but was not provided for under a Will or under the rules of intestacy where there is no Will. In such cases, the person can make claims under the Family Provision Act 1982 and clearly explain why they should be considered a beneficiary of the deceased’s estate.
Enduring Power of Attorney
An enduring power of attorney enables you to nominate a person to make decisions about your assets and financial affairs on a lasting basis. Unlike a standard power of attorney, the enduring power of attorney can remain legally in force even if you become of unsound mind or otherwise legally incapacitated.
We can assist you in drafting and registration of an enduring power of attorney according to the Powers of Attorney Act 2003.
Where a person is needed to make decisions with respect to your personal and lifestyle matters such as health care, personal services, medical and dental treatment an enduring guardian may be appointed by you. The enduring guardian will then have the legal power to make decisions on the matters that you have authorized them to in the event of your incapacitation.
We can arrange for the creation of a legally binding enduring guardianship pursuant to the requirements of the Guardianship Act 1987.