What is Probate?
Probate is where the Supreme Court approves a Will. By granting Probate, the Court is advising the executors of the Will that everything is in order and that there are no issues with distributing the Estate in accordance with the Will.
If a person dies without a Will, or if the executor cannot act, for example, if the nominated executor predeceases the testator, then we can assist you in making an application to the Supreme Court for Letters of Administration, which is like the equivalent of a Grant of Probate in these circumstances.
Do all Wills go to Probate?
No. The distribution of some estates is not as complex as others. If an estate is leaving belongings and small amounts of monies to 1 or 2 family members and there is no property involved, it would be highly unlikely that probate is required. On the other hand if there were say 10 beneficiaries involved with an estate involving family and friends, vast amounts of cash and properties, then the Will would definitely require probate.
What does Probate mean?
Probate checks the intention if the Will. In other words, that the person who wrote the Will did not include unreasonable demands or acts for a person or persons to be a beneficiary and that the Will has been signed and witnessed correctly.
How will Cutlers The Law Firm Help?
We take a compassionate and caring approach to matters involving the death of a family member or friend. We have a great deal of experience in estate matters which ensures the estate is managed in a timely and cost effective manner.
We advise executors and trustees as to their rights and obligations of acting in this role. We arrange for the assets of the deceased person to be called in, sold or transferred where necessary and obtain valuations of property if required. We attend to payment of estate debts and to distribution of the estate to beneficiaries.
We notify all relevant authorities of the death and prepare all documents required, whether a grant of Probate is required or not.
We offer guidance and support in what is a very difficult time for the family and we will ensure that you are kept informed throughout the entire matter.
Bill was a wealthy stockbroker prior to his retirement and death. He left behind a large estate which he thought long and hard over when he made his last Will. Bill’s son Paul was always in trouble, be it financially or legally. It was Bill who had to fund the fines 90% of the time, so that Paul’s family did not suffer.
When he made his Will, he left Paul $10,000.00 provided he did not contest the Will. His sisters on the other hand received 10 times that figure.
The will was successfully challenged by Paul.
YOU CANNOT PLACE CONSTRAINTS ON PEOPLE OBTAINING BENEFIT FROM YOUR WILL. ENSURE YOUR WILL IS CORRECT… USE CUTLERS THE LAW FIRM.
Contact us to make an appointment with an experienced Probate lawyer.