Challenges At The Time Of A Deceased Estate Distribution

September 12, 2023    Deceased Estate Lawyers Perth
Challenges At The Time Of A Deceased Estate Distribution

After the passing of an individual, the family must transfer property in a legally acceptable manner while avoiding inheritance disputes. This is quite simple if the individual kept an extensive record of their wealth and discussed it with the rest of the family. There are various aspects to consider when it comes to the assets.

If a will is there and an executor is named, the Executor is responsible for the estate. This implies that they ensure the civil partner or spouse is informed of their entitlement to a legal right to distribute and share the estate to comply with the Will and regulations.

If a person has no will, or if there has been a will but no executor, the administrator – often the next of relatives or a legal professional – is appointed.

Who Is in Charge of a Deceased Person’s Estate?

When an individual dies, they frequently leave details in the shape of a will to determine the disposition of the deceased estate. It is necessary to remember that wills are solely concerned with property division. Parents frequently include guardianship instructions in their wills, but those instructions are not obligatory to pass on the deceased’s preferences effortlessly.

A will should name several executors who will be in charge of handling the deceased’s inheritance. During probate proceedings, the executors gather the deceased’s pay creditors, probate property, and transfer the leftover assets to the named beneficiaries.

Suppose a person dies with no legal will. In that case, they are considered to have died intestate, which results in a difficult, time-consuming, and sometimes costly procedure for having the estate divided according to law. The deceased cannot choose who will administer their property if no executor is named in their Will.

What Exactly Is Probate?

The procedure is known as probate when a deceased leaves property to be divided, such as savings accounts, property, and monetary holdings. The general administration of the deceased individual’s Will or the property of a deceased individual without a will is known as probate.

How Does Probate Work?

Probate is analyzing and transferring estate assets formerly possessed by a deceased individual. When property holders die, a probate court will often evaluate their assets. This court decides on asset partition and its distribution to recipients. A probate case will normally begin by determining whether or not the dead individual left a legally binding will.

In many circumstances, the deceased individual left papers detailing how their possessions should be transferred after death. In other circumstances, though, the dead don’t leave a will.

3 Major Difficulties Faced In The Probate Procedure

The period following the death of someone you love is difficult and painful. First, probate must be obtained, granting the designated person the legal right to deal with the deceased’s estate. This can be tedious and time-consuming as it involves consulting institutions, calculating the estate, and paying taxes. Moreover, additional issues might arise throughout this procedure, causing administration delays and inconvenience for all parties involved.

  • Dying With No Will

When someone dies without leaving a Will, they are considered to have died intestate. The probate procedure and estate management requirements for persons who die intestate differ from those who leave a Will. It is not as easy as honouring the deceased’s desires as specified in their Will. The intestacy regulations may not represent the deceased’s wishes. This is a highly common difficulty for people to face.

  • Who Can Manage The Estate?

When somebody dies intestate, one question arises: who may administer the estate? Because there isn’t any Will to determine this individual, the law specifies that the “entitled” person may seek the position of an Administrator. In this sequence, the entitled individual is the one with the nearest biological link to the deceased:

  • Civil partner or spouse
  • Children (over 18)
  • Siblings
  • Living parents
  • Uncles or Aunts
  • Grandparents

It is necessary to remember that this list excludes unmarried couples and cohabitants.

  • What Is The Application Process?

Before asking for probate proceedings, the entitled individual must register the deceased’s passing, determine the worth of the deceased’s property, and pay any required inheritance tax. After that, you can apply for probate either online or by mail. If you are successful, you will obtain “letters of administration.”

Problems With Executors 

Executors are those nominated in the Will for handling the deceased’s estate. Some of the most typical issues with Executors are:

  • Not Performing Their Duties 

Another issue that might arise is Executors failing to complete their responsibilities correctly. This might include failing to settle debts or appropriately distribute the estate. If you believe an Executor is not carrying out their responsibilities correctly, you may be entitled to file a lawsuit against these individuals or have them eliminated as Executor.

  • Inability To Act 

If the person in charge of the property is unwilling or unable to act, particularly if they happen to be the only Executor, various issues may develop. The Executor may surrender their rights or transfer them to another person. However, this would lengthen the time it takes to settle an estate and raise expenses. Such scenarios highlight the need to name an additional executor in the Will.

Beneficiaries Problems 

Beneficiaries have the right to take possession of the deceased’s estate. When handling beneficiaries, several issues might arise.

If The Beneficiary Is Missing 

One possibility is that the administrator or Executor does not know the beneficiary’s whereabouts. Because a beneficiary is entitled to the possessions for twelve years, it is only advisable to divide the estate partially if a beneficiary is present. In that case, the administrator may be held personally accountable.

In that case, first, seek information among relatives and friends and search through the deceased’s documentation to find the beneficiary in any way. Along with this, you should:

  • Enlist the help of genealogists or tracing agencies to locate the recipient
  • Place legal notices in the legislative Record and local media

If the intended recipient is still absent after you’ve taken these steps, you could keep their part of the inheritance until the conclusion of the 12-year claiming period. After that, split it among other beneficiaries with the condition that if the missing person claims, the remaining beneficiaries will compensate the missing beneficiary.

In Conclusion:

Creating a will is a very challenging procedure that must be done in an organised and systematic manner that covers every aspect. Your Will legally provides for the people you care about by leaving them the percentage of your inheritance you intended to leave them after your death.

A Will is necessary to eliminate uncertainty and clarify what you wish to do with your inheritance and who in your circle of relatives receives what. If you want to file a claim against the estate, Deceased Estate Lawyers Perth has the expertise to handle Will and Probate procedures.

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