Are you an executor who needs help defending a will

Understanding the Role of Estate Executors

Core Responsibilities of an Executor

Being named as an Executor might feel like an honour, but it comes with a complex web of legal and financial responsibilities. Beyond the standard duties—securing probate, identifying beneficiaries, gathering assets, and settling debts—each estate presents unique challenges that can catch even the most prepared Executor off guard.

Defending Against Will Challenges

One of these is defending the estate against a potential challenge from anyone who has grounds to dispute the will. Executors in this position will need to contact a wills and estates lawyer to provide legal advice that is tailored to this position.

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Time Limits for Claims in NSW

As part of the process of managing the estate, Executors will need to advertise the estate to alert potential claimants that they are seeking a grant of Probate. In most instances in NSW any potential claimants have 12 months after the date of death in which to commence a family provision claim if they feel they have not been adequately provided for by the deceased’s Will.

In the event an individual does contest the Will, the Executor will need to seek legal advice to determine if the claimant is eligible and the likely success of their claim to the Estate. This is especially true today as people’s affairs and family structures are more complex with divorce, blended families and second families of children.

If you need help defending the Will against a claimant, make sure to consult with a law firm with expertise in navigating estate disputes. They can provide the necessary skills to defend against any estate dispute that arises following a person’s death.