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deceased estate Articles

Contesting A Will After Probate Granted

by | Contested Estate

We are often asked about contesting a will after probate granted. Generally, the people asking this question are family members of a deceased who have been left out of a Will or have received inadequate provision from the estate. If you consider yourself in this situation, then speak to our probate lawyers today. Overview: Contesting… Read more »

Executor’s Payment

by | Deceased Estates & Inheritance Claims

Executor’s Payment Available in Certain Situations The question is often asked by those appointed executor of a deceased estate, whether they are entitled to a payment 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… 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 »

Contesting a Will can often occur when it comes time to go over the Will of a deceased person. This involves a claim being made under the Inheritance (Family Provision) Act, 1972 (known as an Inheritance Claim) on the basis that the Will maker failed to provide for a family member in their Will where… Read more »

In a situation where you believe to have been unrightfully left out of a family member’s Well, you may have the right to contest it. Disputing a will can raise a number of questions, including who can contest a Will? A claim can be made under the Inheritance (Family Provision) Act, 1972 (“the Act”) (known… Read more »

In a recent decision of the Supreme Court of South Australia (Mullins-Trnovsky v Adams [2014] SASC 116) his Honour Justice Gray confirmed that the Court has the power to remove an executor by amending the grant of probate however where there are compelling reasons it is appropriate to continue with the traditional practice of removing… Read more »