Probate & Will Disputes

Probate and Will Disputes

Walls Bridges – Experienced Probate Lawyers in Mornington

A will documents how a person’s assets are to be distributed after they die. It also designates an executor to administer that distribution, often with the help of a probate lawyer. However, it’s usually not as simple as that – in most cases, there are certain legal processes that have to be completed before this distribution process can begin. One of these is the need to obtain probate.

What is Probate?

Probate refers to the process of proving the validity of the will in the Supreme Court. This ascertains that the will is a genuine legal document that accurately represents the wishes of the deceased. Most executors must gain probate before they can begin to distribute the estate. These are the circumstances in which it is required:

  • The deceased held assets solely in their name, for example bank accounts, shares, or real estate.
  • They held real estate as tenants in common with another party.

Probate Issues

If there is no dispute concerning the will, you’ll be granted probate and have authority to distribute the estate. However, there can be a variety of issues involved which can make the process more complicated. These include:

  • The will is rejected by the Supreme Court – for example, they determine it’s not the most recent version.
  • No executor has been appointed.
  • The appointed executor does not wish to act.
  • The executor dies before the will maker, or soon afterwards.
  • The executor is under 18 years of age.

When you encounter issues like these, it pays to have an experienced probate lawyer to help you navigate the landscape.

Resolve Disputes with Collaborative Practice

If disputes do arise over the will, Walls Bridges’ probate lawyers in Mornington practice a collaborative method that’s designed to resolve issues between parties without having to resort to expensive and antagonistic litigation. Our probate lawyers will work with you and other disputants to find the most suitable overall outcome. Call us now on (03) 5977 0680 to learn more or arrange an appointment with our law firm in Melbourne or Mornington.

What is the Will process when someone passes away?

Claims Against The Estate