Probates, Contested Estates & Will Disputes

WILLS & ESTATES

A loved one passing away is never easy. We can help you sort what they’ve left behind, when you’re ready, and will do so with the utmost compassion and care.

Probate

Administering a will can be stressful without the aid of a legal team. At Field Lawyers, we can help you enforce a will as your loved one intended. We can also help you deal with assets when your loved one hasn’t left a will and make an urgent application to manage assets after the death of a loved one.

Contested estate and will disputes

Estate and will disputes can be complex, which means seeking out legal experts is your safest bet to achieving success. If you feel like you have a legitimate case to dispute a will or an estate, whether that be testamentary capacity (i.e. the will maker did not fully understand what they were doing), undue influence or suspicious circumstances, we can help you through every step of the process.

Interpreting the will

Wills are not always easy to understand. We can help you interpret a will the way it was intended, so your loved ones’ wishes are properly met.

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Frequently Asked Questions

What are my obligations as an executor and when do I have to apply for probate of a will?

If you choose to act as an executor, it is your obligation to arrange the funeral. If the deceased stated in their will they do not wish to be cremated, you are obligated to not cremate the body. Otherwise as executor you may choose the arrangements for the funeral. If there is property in the name of the deceased and you need a grant of probate to sell and distribute the net proceeds of the property, you will need to obtain a grant. A grant of probate is necessary if there is real property solely in the name of the deceased, if the deceased owned shares or had a minimum balance of monies in a bank account.

What happens if a person dies without a will?

If a person dies without a will, they die intestate. If a grant is necessary because there is property to be sold or transferred, a grant of letters of administration must be obtained rather than a grant of probate. Generally, this would be applied for by the person who is likely to inherit the deceased’s property, such as the spouse, the children, the parents, or a sibling.

How long does it take to apply for probate and what happens if there is an urgent matter to be attended to?

Once an application is made it may take 5 to 6 weeks for the grant to be obtained. If there is an urgent matter to be attended to, such as operating a business, or giving instructions to finalise a transaction, you may apply for a limited grant for specific purposes until an unlimited grant is obtained.

I know someone who changed their will a short time before their death when they already had dementia. Is there anything that can be done?

If because of the change to the will a person’s entitlement has been affected, that person may test whether the deceased had testamentary capacity at the date the will was made. This means whether they had legal capacity to make a will at that time.

I know someone who was pressured to change their will. Is there anything that can be done?

If because of the change to their will a person’s entitlement has been affected, and there is a reasonable basis of suggesting the deceased was under undue influence when they changed their will, that person may bring a claim to challenge the validity of the will.

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