There have been a few times in my life that I have needed a lawyer, and during those times, their help was invaluable. I worked with lawyers during the custody battle for my kids, when I dissolved the partnership for my business and after I suffered an injury at work. In this blog, I plan to write about the law from a range of angles. I may share posts inspired by my personal experiences, what's popular in the news or what strikes my fancy when I'm writing. I have a daughter, Oliva. I manage a medical clinic, and I love blogging. I hope you like the results. My name is Melinda, and thanks for reading!
Dealing with a loved one's death can be physically and emotionally draining. Handling complicated legal matters can make this difficult period even worse. Here are three common legal problems that arise after a person dies and why seeking professional legal help is crucial.
1. A Will is Contested
Many Australians die without leaving a will. Recent figures from the Western Australian Public Trustee suggest that two-thirds of adults in the state do not have a valid will, which could leave their families with legal problems when they die. In other instances, a will might be contested by someone who has a financial interest in the person's estate, such as a former spouse or child. Wills can be contested for all types of reasons. For example, a family member can contest the document under the Family Provision Act if he or she feels unhappy with the terms of a will. Each state has its own rules that dictate when a person can contest this document and only a court can decide whether a will has made adequate provisions for a claimant. It is important you seek the help of a probate lawyer who can provide you with legal assistance and represent you if you go to court.
2. There is Confusion Over Estate Taxes and Assets
When a person dies in Australia, an executor is appointed to handle any legal affairs that pertain to the deceased person's estate, including estate taxes. Some income, such as interest, dividends and rent, that has been accrued after a person's death, can be considered part of the estate. There are instances when a person stipulated prior to his or her death that certain assets would be not be included in the estate. Sometimes this can cause confusion if a deceased person didn't pass on this information to his or her loved ones. Hiring a probate lawyer ensures that the right estate taxes are paid to the government and the rest of the estate, including any assets, is passed over to the right family members.
3. A Loved One Has Assets Abroad
Your loved one might have died with assets outside of Australia and an executor might not be able to deal with complex international laws that concern these assets. According to the Morning Star, one in four Australians are born overseas, making it common for a deceased person to possess assets abroad. A probate lawyer can help you make sense of cross-border legislation and advise you about inheritance matters.Hiring probate lawyer ensures that the right estate taxes are paid to the government and the rest of the estate, including any assets, is passed over to the right family members.Share