It’s always a sad time when someone close to you passes away. However, unless they have organised their affairs appropriately, the distribution of property from a deceased estate is not always a simple matter.
Australia’s Law of Succession is much more complex than you may think. In fact, the matter has become so complex that the Supreme Court of each Australian State and Territory has jurisdiction of these cases.
One of the reasons for the complexity of the law is to ensure that the intentions of a deceased estate as described in a Will are complied with. The law of succession also provides guidance on cases wherein a Will was not left behind, thereby ensuring an orderly distribution of property.
When handling matters concerning transferring property of a deceased estate, it is imperative that you fully understand the laws and regulations. As these are very complex, it is recommended that you seek the advice of an experienced deceased estates lawyer such as Hayden Legro.
Further, if you feel the deceased person had a moral obligation to leave you some provision from the estate and has failed to do so or has not provided adequate provision, it is important for you to obtain legal advice to determine whether it is worthwhile making a claim against the estate.
Legro Lawyers will be able to provide you with advice on the following matters:
- Interpretation / Advice on Wills, estates and your entitlements
- Obtaining “probate” of the Will (or proving the Will and administering a deceased estate to collect and distribute assets to beneficiaries)
- Assistance with processing and making a claim on a deceased’s superannuation / death benefits
- Obtaining “Letters of Administration” for those who die with a Will an did not do so or did not provide for you adequately in their Will
- Advice and representation in the event that you have a claim against the estate to be provided from the estate
As you can see, the law ensure that there is a regulate for just about any scenario concerning deceased estates. The law is there to protect the benefits of the beneficiaries and to minimise the risk of mismanagement or fraud and to protect those who have not been adequately provided for from the estate.
If you have any doubts or concerns on the administration of a deceased estate, being left out of a Will or not adequately provided for, it is best that you approach a legal practitioner to ensure that your concerns are addressed according to the Australian Law of Succession.
Legro Lawyers are based in Melton and assist clients from all over Melbourne, including Werribee, Hoppers Crossing, Point Cook, Bacchus Marsh, Hillside, Caroline Springs, Rockbank and Taylors Lakes. Your conversation with Legro Lawyers is confidential and our experienced practitioners offer a professional, results-driven, prompt and personable service that is cost effective.
If you need legal advice or representation regarding deceased estate law for the first time, or want to try a local firm with city experience, call Legro Lawyers today on 03-9747 9679.