The Executor of an estate holds a number of responsibilities, from applying for a grant of Probate and determining beneficiaries to collecting all of the assets and paying the substantiated debts. While these are duties that every Executor will have to meet, there are other, situation-specific obligations that come with assuming this role.
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.
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.
— PK Simpson InjuryLaw (@PK_SimpsonAU) July 14, 2017