Information for Executors
If you are the executor of an estate there are usually many things that need to be attended to. Your duty is to:
- identify and collect the assets of the estate
- pay any debts owing by the estate
- lodge tax returns (if required)
- distribute the estate in accordance with the terms of the will.
In some cases probate of the will is required. Probate is official recognition that a will is legally valid. The main reason for obtaining a grant of probate is that some organisations holding assets of the estate will not release them without a grant of probate.
Probate provides you with protection if a more recent will is subsequently discovered or if the validity of the will is later challenged. For this reason you may decide to obtain a grant of probate even though the grant is not required in order to distribute the estate.
Harding Richards Lawyers has extensive experience in all matters that need to be attended to in the administration of estates, including applications for probate.
Information for beneficiaries
Harding Richards Lawyers can also assist beneficiaries. If you are a person who is a spouse, child or dependent of someone who has died and you feel that adequate provision has not been made for you in the will of the deceased, then you may be entitled to apply to the court for provision from the estate. This is known as a Family Provision Application (FPA). There are time limits that apply to making an FPA. Harding Richards Lawyers can advise you of your rights and help you make the application.