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- see previous blog “what happens to a mortgage after death” ).  But what happens if your loved one passes...

What happens when the Executor of a Will dies? There is often a lot of confusion out there as to who acts in the executor’s place to administer a deceased estate if the executor dies. When one of Multiple Executors Dies If there are multiple executors, and one...

What happens to a mortgage after death? With soaring house prices over the last few years it is becoming more common for people to pass away when they still have a mortgage over their property. The word “mortgage” is derived from the French word “mort” being death...

Delays in granting probate Delays can arise for many different reasons. Some of them are out of control of the Executors or Administrators. An example of this is caused by waiting on further information from asset or liability holders. There are also delays caused when joint executors...

Rights of Beneficiaries of a Will in Victoria Who is a beneficiary of a deceased estate? A beneficiary is a person or organisation with an entitlement from a will. However, for the named person/organisation to benefit, both the will and the written bequest must be valid. It...

Caveat on Deceased estates Can you lodge a caveat on a deceased’s property after probate has been granted? The purpose of a property caveat is to prevent dealings with a property in dispute.  But it must be founded on legal grounds. A person contesting the Will and seeking...

Inheriting debts with assets When someone inherits assets but there is debt attached to it we are often asked are beneficiaries responsible for debts left by the deceased? Do you inherit the debt attached to the asset you are getting from a will? Generally speaking, in Australia,  lenders...

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...

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...

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...

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...

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...