Common claims against Deceased Estates One of the duties of an executor/administrator of a deceased estate is to pay out valid claims against the deceased. The most common types of claims against a deceased estate are based around: Family provision claims (disputing inheritance amount) Contractual obligation (unpaid loans) Family Provision …
Bankruptcy Deceased Estate
29 July 2020
Insolvent Deceased Estates – What you need to know
Insolvent Deceased Estates It is well known in Australia that you can’t inherit a debt from a relative (unless it attaches to an asset you are inheriting. But what happens if your loved one passes away, leaving more debt than assets. Who pays the debts? Just like with living people, if a person dies while …
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Court Deceased Estate Executors Inheritance Probate Wills
17 May 2019
What is a grant of probate – cause of death – and missing persons
What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased’s causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will challenges It is important to consider whether …
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Deceased Estate Wills
27 July 2017
Can my stepchildren contest my will?
Can my stepchildren contest my will? Under Victorian Law there are limitations to the types of persons that can contest wills. These days with the increasing divorce rates there are more and more “blended” families and hence stepchildren. Does a stepchild have standing to challenge a will? The simple answer is yes. Stepchildren may have …
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Deceased Estate Wills
8 March 2017
Who has the right to make decisions about the deceased’s funeral?
Dealing with the Funeral Director There are often funeral arrangement disputes between family members as to who can arrange the funeral of a deceased loved one. The poor funeral directors have to then work out who can they legally take as their client. The law, at least in Victoria, states that it is the executor of …
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Deceased Estate Elder Law Executors Wills
1 February 2017
How to contest a will
How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting. However, if you are an immediate family member you are entitled to a copy. If …
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Deceased Estate Family Law
9 May 2016
New laws on deceased estates since 2015
The following is an extract from a Law Institute of Victoria article about the changes as they were coming into effect: 28 Jan 2015 New laws limiting the ability to make a claim on a will came into effect this month, prompting a call from the Law Institute of Victoria for people to ensure their wills …
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Deceased Estate Elder Law Executors Finance Property Wills
24 September 2014
Guide to dealing with deceased estates
Common questions about deceased estates and what executors need to do: Many people do not know where to start after the death of a loved one. Family members or close relatives will often not know where the last will is. Common questions about how to organise the probate are answered here: Was there a will? …
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Deceased Estate Elder Law Inheritance Wills
18 September 2014
Changes to inheritance laws are coming
Changes to the law proposed- may disadvantage those left out of family member’s wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide for them. This could include domestic partners, stepchildren, and …
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