Deceased Estates Lawyers Central Coast
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Compassionate Legal Help
At GMS Legal & Conveyancing, we understand the process of going through a deceased estate case can be confusing, stressful and emotionally draining. Our experienced Estates team are here to provide you with compassionate legal help to support you during these difficult times. Servicing clients across the Central Coast, Lake Macquarie and Toukley, we can help you receive the assets you deserve.
In the event of a death, property and assets are distributed among the deceased’s beneficiaries. This can include partners, children, grandchildren, close friends, ex-partners and so on. If the deceased had written a legally valid will, the Court will grant the executor of the will probate.
Can I challenge a will?
If you have been left out of the will, or you believe you deserve a bigger share of the assets, you may be able to formally challenge the will. To do so, you must be considered as an ‘eligible person’ and you must submit a family provision claim. The claim should be made as soon as possible, within 12 months from the date of death, and preferably made prior to the execution of the will.
- The Court defines an ‘eligible person’ as:
- A surviving husband or wife
- A de-facto partner
- Biological & adopted children
- Ex-husband or wife
- A person who was dependent on the deceased
- A person who had a close personal relationship with the deceased
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You can also challenge the will if you believe:
- The will is not the last will of the deceased
- The deceased did not have soundness of mind, memory & understanding to make a will
- The deceased lacked knowledge & approval of the will
- The will was forged, made under undue pressure or is a fraud
- The will is not executed in accordance with the Succession Act 2006
- The deceased had revoked the will in their lifetime
Seeking legal representation can ensure you increase the chances at reaching a successful claim. The legal team from GMS Legal & Conveyancing have the skills and knowledge to review your case and provide reliable legal advice.
What happens if there is no will?
When there is no Will, the estate will be distributed in accordance with the intestacy law. The intestacy process is stressful for the family because it takes longer and is more expensive than if there is a Will.
Under the intestacy law, the deceased’s property is distributed to the spouse and or children and or other relatives. A surviving spouse or other family member needs to obtain Birth Certificates, Marriage Certificates, Death Certificates and apply to the Supreme Court for Letters of Administration.
The area of deceased estate law is difficult to navigate, our Estates team can provide you with compassionate legal support, guiding you through every step of the case. For more information on deceased estate claims, get in touch with our friendly property lawyers on the Central Coast today or visit us at our Toukley office.
