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...

What happens when executors disagree? It is very common to see a person appoint more than one person as the executor of a will.  Especially when there are adult children involved who the testator wants to all have a say in the running of the estate. This...

9 common problems with Wills & Estates distributions One of the main reasons people plan their estates is to avoid problems and disputes between family members and other intended beneficiaries after they pass away. Unfortunately, it is sometimes the estate planning documents that cause problems and...

When and how to update your Will At Rigoli Lawyers we generally recommend that you update your Will at least every 10 years and at least review every 5 years. We anticipate that within every 10 years, your life will have undergone a large number of...

The importance of having an up to date will As everyone’s lives get busier and busier (not to mention facing major events), one thing people often put off is making a will. A will is an important legal document that allows you to plan for your family’s...

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...

We often hear of solicitors refusing to let family members see a Will after a loved one has passed away. What do you do when polite requests fail? The first step is to persuade them that you have a RIGHT to see the Will by alerting...

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...