How Do Deceased Estate Lawyers in Perth Handle Disputes and Probate?

It is never easy to lose a loved one. Apart from the emotional loss, families also have to contend with the legal challenge of managing the estate of the deceased. This may include the management of wills, probate, as well as family feuds in some cases. It is at such challenging times that deceased estate lawyers Perth are a much-needed service. Not only do they provide legal counsel, but also comfort when the families need it most.

If you are so unfortunate as to be an executor of a will or simply an apprehensive beneficiary, knowing the manner in which such lawyers approach probate and estate conflicts under Australian law will have you better equipped to manage the process.

What Is a Deceased Estate?

A deceased estate is all that a person has on death: property, savings, shares, personal effects, and even outstanding debts. Administration of a deceased estate entails:

• Gathering the assets
• Settlement of debts and taxes
• Distribution of the balance to beneficiaries

In Australia, it is regulated by state-based law. In the case of individuals who live in Western Australia, it is under the Administration Act 1903 (WA) and relevant law. If the person who has passed away had a valid will, then things are easier. When there is no will left, the estate is dealt with as an “intestate” estate.

This is where legal deceased estate lawyers Perth come in to assist with managing and sorting out legal responsibility.

What Is Probate and Why Is Probate Necessary?

Probate is a judicial process that validates a will and grants the executor the authority to have legal powers to manage the estate of the deceased. Probate is issued by the Supreme Court of WA in Western Australia.

If you are a named executor of a will, you might be required to get probate before you can gain access to money in banks, shift property titles, or pay out beneficiaries. Banks and most government departments will not make available any assets without probate.

Probate lawyers Perth can help with:

• Drafting and applying for probate
• Obtaining all documents required, such as the original will and death certificate
• Determining estate property and debts
• Administration of the communications to the recipients and the court

Administration is administered within a few weeks or a few months, depending on whether the estate is straightforward or complex. Delays occur when the will is contested or the estate is complex.

What If There’s No Will?

When a person passes away without a valid will, the estate is referred to as intestate. The next of kin will have to make an application for Letters of Administration rather than probate. This also passes through the Supreme Court.

A deceased estate lawyer can be employed to identify individuals with a right to inherit and assume the control of the estate and the proper legal procedure according to Western Australia’s laws of intestacy. The laws dictate a sequence of who should inherit, beginning with spouses and children and continuing through parents and siblings.

Dealing with Estate Conflicts

Regrettably, conflicts about estates are commonplace. These arise when:

• Someone is left out of the will unjustly
• The will is ambiguous or even invalid
• A beneficiary suspects that the executor is not performing their functions adequately
• Suspicion exists that there was undue influence or inadequate mental capacity at the time the will was drawn up

In WA, entitled persons (e.g. spouse, children, stepchildren, or dependents) may seek a Family Provision Claim under the Family Provision Act 1972 (WA) if they feel they’ve been left in hopeless provision.

A probate law firm usually advises mediation as the less confrontational option to avoid emotional and financial expenses. In case of continuing disputes, a deceased estate solicitor will advocate your interests in court to get a fair settlement.

In Summary

The process of administering the estate of a loved one is both emotionally and legally complex, especially where there is discordance or one involving probate. Best of all, experienced probate law experts in Perth are in a perfect position to handle the whole deal, including the processing of the probate, resolution of family conflicts, and respect for the wills of the deceased.

If you have estate issues, do not do it yourself. A reputable probate law firm will assist you in getting it all done legally and with respect, avoiding expensive errors, and taking care of matters for you.