After a deceased has endowed a beneficiary with a will, it is important to assess the will’s clauses and determine the assets the beneficiary is entitled to. The rights of a beneficiary are determined by the clauses of the will as well as the laws of the state. This article elucidates the rights to which a beneficiary of any will is entitled and how they can be claimed.
A beneficiary is any individual or entity the author of a will, donor, or testator can legally designate to receive benefits, assets, or rights from them. This legal designation comes into force after the passing of the donor. They can be family members, close friends or any acquaintance of the deceased testator. The following are terminologies frequently associated with beneficiaries:
The roles and rights of the beneficiary and the Executor are often conflated, resulting in disputes and conflict during administration and distribution. As a result, it is extremely important to know the legal rights of beneficiaries to avoid unnecessary disputes or contestations of their rights.
A will is a confidential document. As a result, the beneficiary does not have the right to see the details and clauses of the will before the testator’s passing. This is also done to keep the donor’s safety and integrity intact. Even the testator’s family members do not have the right to view the will before their passing.
A will can only be visible or accessible to family and beneficiaries after becoming a public document. This can only happen after the testator’s passing, once a legal probate has been granted. Legal probate is a process in which the clauses of a will are reviewed. This involves provoking the clauses of the will before the court of law.
One of the primary rights of the beneficiary of a will is their right to information about the clauses of the will. It is the Executor’s job to keep the various accounts of the will prepared and ready to render them when the beneficiary asks for them. Each state or territory has different laws outlining how the beneficiary can access this information. However, some of the standardized procedures and rights are listed as follows:
It is worth reentering that the rights mentioned above only come into force after the testator’s passing and not before. These rights are in place in case of proper execution of a will. However, there are laws to defend a beneficiary in case of any breaches of duty from the Executor.
In case of a breach of duties from the Executor, the beneficiary’s legal privileges can be enforced. T the following rights can protect the beneficiary:
Not being well-versed in the rights of beneficiaries can lead to unwanted disputes and delays in realizing the will. Additionally, there are various legal responsibilities following the realization of a will that the beneficiary must uphold. A will can also be challenging to navigate if the deceased is a family member or a loved one.
As a result, seeking legal help is imperative for not only claiming your rights but also making the process as smooth and uncomplicated as possible. Contact our team of the best will lawyers in western Australia to provide you with your entitled due diligence and assets.