Executors are delaying applying for Probate

To administer the estate and divide the estate assets it is necessary to obtain a Grant of Probate. Although there is no legal time frame it is generally expected this should happen within a year. Any longer and the beneficiaries can apply to the Supreme Court for an order compelling the executor to apply for Probate within a specified timeframe.

The beneficiaries disagree on what should happen with estate property

Generally, a person’s estate will comprise of the family home, investments, and personal effects. The family home can often be the main focus of disagreement when one or more family members wish to retain it and others want it sold.

Unauthorised or unfair transfers of assets

When writing a Will most people will appoint a trusted family member, child, or relative as their attorney under a power of attorney. When the testator dies sometimes disputes arise if beneficiaries believe there have been unauthorised or unfair transfers of assets during the deceased person’s lifetime resulting in a reduction of the estate to be divided.

The executor appointed under a will has influenced the testator

As people age, they become more reliant on trusted members of the family to assist them with general tasks, management of finances, and estate planning. A situation may occur where beneficiaries believe there has been undue influence or duress by the executor upon the testator to make their Will a certain way.

Will kits or DIY Wills

A Will kit or homemade Will can often be contested by beneficiaries as to its legality and whether it was properly witnessed.

For assistance with estate matters call the experienced team at Rose Jensen Kent Lawyers.