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Intestacy

Intestacy

Not everybody has prepared a Will before they die. For those who die without a Will they die “intestate”.

When a person dies without a Will, it can be confusing for those left behind to know what to do with the deceased estate, payment of ongoing creditors and who will be entitled to receive the benefit of the estate (without the benefit of the deceased having left a Will to give directions).

We are able to assist and advise you in respect of the administration of an intestate estate, obtaining “Letters of Administration”, the calling in and distribution of the “intestate estate”.

At times, these matters can be complex and you should make an appointment to see one of our estate lawyers to discuss these matters.

Administering an estate where there is no Will

In the circumstances of the death of a loved one or a friend, the first issue that might need to be resolved is who will be responsible for the estate administration.

Other matters are going to arise. For example, who pays for the funeral? How do we go about paying creditors? Who is the person entitled to administer the estate? Who can make an application to the Supreme Court for Letters of Administration? How do we call in the assets? Who is entitled to benefit? How and who do we account to for what we do (Public Trustee)?

White Berman Grant Legal can provide advice to you in respect of who can apply to administer an estate where there is no Will, the responsibilities and duties of the Administrator, how to go about applying for Letters of Administration and how the estate assets and liabilities should be dealt with.

Not only do issues arise as to who can apply for Letters of Administration, but uncertainty can also arise as to who becomes entitled to receive the benefit of the estate. The Administration and Probate Act provides guidance in respect of who can be the Administrator and how an intestate estate is to be divided. There are many other complexities that arise from intestate estates.

White Berman Grant Legal can provide you with advice and guidance with respect to how an intestate estate should be called in and distributed, dealing with creditors and accounting to Public Trustee for the estate administration.

We suggest that you take advice in respect of these matters from one of our experienced estate lawyers. To arrange a confidential appointment to discuss any matters arising from an intestate estate please contact us today.

Call us today!

Our team of experienced estate planning lawyers can help with all matters relating to estate planning and administration including wills, probate and estates, inheritance claims, succession planning, intestacy, and challenging a will, please contact us today.
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Speak to a Lawyer

Our Wills & Estates Team

Simon White

Director

Guy White

Director

Natasha Grant

Director

Deidre Ryder

Solicitor


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