Deceased Estates & Inheritance Claims Articles

Retirement Villages are increasingly becoming a preferred mode of accommodation for senior Australians.  In South Australia the Retirement Villages Act 2016 came into force on 1 January 2018. The new Act sets out the rights and obligations of residents and retirement village operators, and specifies information which must be provided to a prospective resident in… Read more »

What is a reseal of a grant of probate? Usually an executor will apply for a grant of probate or letters of administration in the State where the deceased person was residing when they died. Generally, this will also be the place where the deceased held most of their assets. However, if the deceased owned… Read more »

Australia’s aging population is growing each year and with that has brought a demand for legal services tailored specifically to the needs of our seniors and often their families as well. What is Elder Law? As people age and become increasingly vulnerable there are many areas of law that may affect them that until then… Read more »

The loss of a family member is always a difficult time but is even more so where you discover that you have been left out of a will, or have received less than you believe you were entitled to. Generally, a person has the right to leave their property to whoever they choose – a… Read more »

Lawyers Adelaide Beger & Co Lawyers Adelaide provide legal services in a wide number of areas.  These range through personal and business legal matters for our clients. Some of our more commonly requested legal services include: Wills and Estate Lawyers Adelaide A large part of our legal practice’s activity is acting as wills and estate… Read more »

A recent article in The Guardian looks at the outcome of Prince having died intestate.  The article states: “A Minnesota judge has ruled that Prince’s six siblings are the heirs to his estate, more than a year after the pop superstar died of a drug overdose.” Of the many celebrity deaths over the last 12 months or… Read more »

One of the most common questions I am asked when dealing with Probate matters is: Is there a time limit for the Executor to obtain Probate of a Will? Most people are surprised to hear that the answer is “no”. But that is not the end of the story. Being an Executor is not always… Read more »

From 1 July 2015, all applications for Probate (or Letters of Administration) must be accompanied by an original Death Certificate, or a copy certified by a solicitor. The Probate Registrar has indicated that he will not accept errors on the Death Certificate. This stems from the admirable conviction that the historical records of our State… Read more »

The question is often asked by those appointed executor of a deceased estate, whether they are entitled to a commission for the time and effort required to do everything necessary to sort out the deceased estate. If the executor is also a beneficiary of the estate or if the will specifically makes provision for the… Read more »

There may be many reasons why a person wants to give away their assets when they know or believe they will soon die. They may never have gotten around to making a Will or won’t get the opportunity to update their current Will. They may want to provide a benefit to someone who has recently… Read more »

In my opinion, there is no more important time to consider your estate planning than when you are part of a blended family, whether that involves a second marriage, or a de facto relationship where one or both of you have your own children, or a first relationship with a partner who has their own… Read more »

I am often asked: “But if I die without a Will, won’t it just go to my family anyway?” This statement is basically true, but it is the manner in which your estate would be distributed and the obstacles to be negotiated in order to make it happen that one should be concerned about. The… Read more »

On 1 July 2015 some long-awaited changes to the rules governing Probate applications in South Australia came into force. The aim was to make the rules simpler, easier to understand and easier to implement. Having worked with the new rules for one year, here are some things to watch out for when preparing to apply… Read more »

The failure of a gift in a Will is called “Ademption”.  For example a willmaker may leave a house in a Will but then sell the house.  The gift in the Will is said to have adeemed or failed. Ademption may also occur as a result of a legal rule, the “doctrine against double portions”…. Read more »

When a property is held ‘jointly’ with a deceased, an Application to Register Death by Survivor document is required to transfer the property into the surviving tenant’s name. The Application and a copy of the Death Certificate are lodged with the Lands Titles Office with the basic registration fee. The Certificate of Title is no… Read more »