Estrangement and Contesting a Will.

The late Mr Rathswohl had 3 adult children. Less than a year before he passed away, the late Mr Rathswohl changed his Will preferring his youngest daughter above his other 2 children and left that child his house. The youngest daughter had also been appointed Attorney for her father and transferred almost all the monies in her father’s accounts and Term deposits into her own name. The effect was that our client and his other sister received nothing from their late father’s estate.

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What is probate and estate administration, and do I need a lawyer?

Probate is a Legal document issued by the Supreme Court in NSW authorising the executor to administer the estate in line with the provisions of the Will which forms part of the Probate document. On obtaining Probate the executor can then begin the process of collecting and selling the assets of the deceased person and paying any liabilities and claims made on the estate. If you have been named as an executor in a Will, a probate lawyer can assist and guide you through the legal process of applying for a “Grant of Probate” from the Supreme Court. The starting point will be to enquire with the asset holders to determine the estimated value of the estate and to ascertain the debts and liabilities.

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