Lots to consider!

When a person has died and you feel disappointed by what you believe you are likely to receive from their estate, there is a lot to consider.

What is in the estate? Are there any major assets you thought were going to be part of the deceased’s estate but they don’t actually form part of the estate? (Do you really need to feel disappointed at all?)

What are you likely to receive from the estate? Is there a Will? Is it valid? If the latest document is not a valid Will, is there an earlier Will? Would you be better off if an earlier Will was the last valid Will?

If the Will is valid, what does it mean and what should you get?

Where there is no Will at all, or no valid Will, what would you receive? Would you be better off if you successfully challenged the validity of the Will and took from the estate under the rules of intestacy?

Whether there is a valid Will or not, are you a person who may be entitled to make a claim on the estate under the Family Provision Act? Might you be successful if you were to make a claim? Who else is there who will take from the estate, either under the Will or on an intestacy? Would they or anyone else also be eligible to make a Family Provision Act claim?

Like we said – lots to consider!

The Insights on this part of our website will attempt to provide some useful insights into these and other related issues. These insights are for your information only -  please consider consulting a lawyer should you require any legal advice about your particular situation.