
It is important to have an effectively drafted Will to ensure that your assets (your "estate") go to the people you want to benefit. Stafford Lawyers has expertise in drafting Wills from the most simple Will to complex Wills incorporating testamentary trusts. Stafford Lawyers will discuss with you the appropriate way to structure your Will after listening to what your wishes are upon death. Stafford Lawyers can also provide advice regarding claims under the Family Provision Act, 1982.
An executor is the person (or persons) appointed by the will maker (also known as the testator or testatrix) to carry out the provisions of the Will. The duties of the executor are to arrange for the funeral, to "prove" the Will which is done by obtaining a Grant of Probate in the Supreme Court of NSW, to collect in the assets of the estate, to pay the debts of the estate and distribute what is left over to the persons who are entitled, that is, the beneficiaries. Stafford Lawyers can assist with the application for a grant of probate.
Where a person has died without a Will, Stafford Lawyers can advise on who may be appointed the administrator of the estate and assist with an application to the Supreme Court of NSW for letters of administration. The role of the administrator is similar to that of the executor except that, instead of distributing the estate to beneficiaries named in a Will, the administrator distributes the estate in accordance with rules laid down in legislation. |