My son is currently on remand waiting trial. We have had a really tricky time over the last year learning about some of the things that he has been doing, but we want to make sure that we support him through the trial so that he can get a fair process. Having family on your side can help the prisoners to have an easier time at trial and can often help the lawyers to provide the strongest possible defence in court. This blog explains how family members can help to make sure that legal process goes smoothly and that the lawyers get all of the resources that they need.
How long will it take to execute a deceased's will? Probate lawyers are familiar with the question because it is common among dependents and beneficiaries. The reason is that beneficiaries are usually eager to receive their inheritance; therefore, it is understandable if they appear impatient. However, it is a probate lawyer's responsibility to inform all beneficiaries that executing a will takes time because every move must be within the confines of the deceased's wishes. Notably, various factors can delay a probate lawyer's execution of a will. This article highlights such issues.
Locating Assets and Liabilities of an Estate
When someone prepares a will, they must clearly state their assets and liabilities. Upon their client's death, a will executor's first job is to locate the assets. The exercise can take some time, depending on the complexities of the deceased's estate. For instance, a probate lawyer might need to contact organisations holding the deceased's fixed or liquid assets. They might also need to fulfil certain requirements for releasing assets. Moreover, a probate lawyer might need to find every genuine creditor listed on a will before executing the estate. The processes take time for large estates; hence, beneficiaries should exercise patience.
Need to Obtain a Grant of Probate
Before a probate lawyer can execute a deceased's will, they must first apply for and obtain a grant of probate. It generally refers to a document confirming the named executor as the legally authorised agent to administer the will. Thus, the process is perhaps the biggest time-consumer as far as will execution is concerned. Usually, an executor applies to the supreme court, ensuring they attach the original death certificate and will. Upon filing the application for a grant of probate, an executor must wait several weeks for the supreme court to process the application and approve the grant. It is a normal process; hence, beneficiaries should not think that a will executioner is intentionally taking longer than necessary.
Risks of a Claim
Some estates have a higher risk of claim than others, but a probate lawyer might not know it until they study a will thoroughly. Ideally, the Succession Act 1981 gives creditors a six-month window from the date of death to make claims against an estate. Therefore, if an estate shows a minimal risk of claims, a probate lawyer can start executing the will and distributing funds to beneficiaries. However, if the risk of claims is high, beneficiaries might have to wait six months. The waiting period is also meant to protect the executor from liability.
Contact a law firm that handles wills cases to learn more.
Share28 March 2022
