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...

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 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...

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...