What Happens When Someone Passes Without A Will In Place?

PARRAMATTA, Australia - Aug. 25, 2017 - PRLog -- What do you do in the case of a sick family member and an outdated Will? Who do you call? Read on to find out how to deal with this often difficult circumstance..

When Difficult Situations Arise - Being Fair Is Challenging

When a family member passes away, it is already a difficult time for the family and friends of the now deceased. Along with the passing, family members also need to deal with planning a funeral and deal with overwhelming emotions. On top of this, the Executor needs to distribute the assets of the deceased and follow the wishes left in the will.

Unfortunately a situation can arise in which one or more people feel as though they have been unfairly treated in that persons Will. Sometimes it is a family member being left out of a will, or a loved one who feels that they should have received more from the estate. At Saba Lawyers, we make sure that you are treated in the fairest way possible as we have extensive experience in the area of Will and Testament.

In today's world, disputes over Wills are becoming increasingly common as the growing complexity of families as more and more people get divorced, re-marry or have children to multiple partners. At Saba Lawyers, we make sure that you are treated in the fairest way possible as we have extensive experience in the area of Will and Testament.

What Is A Will?
A Will is a legal document that clearly sets out your wishes for the distribution of your assets after your death. Having a clear, legally valid and up-to-date Will is the best way to help ensure that your assets are protected and distributed according to your wishes.

Our Clients' Case - A Sick Brother
In one particular case, Saba Lawyers' Senior Associate, Ms Antoinette Khalil was contacted by our client to prepare a will for her brother who was at the time, being treated for liver failure in hospital. As time was of the essence, Ms Khalil rushed to the patient's bedside to assess him and take instructions in relation to preparing a will.

As a solicitor, you have a duty of care to assess your client to have capacity to enter into such document. The patient was assessed to see if he was at full capacity to enter into a will (as stated in the Succession Act 2006, NSW). He was assessed to be unfit to enter into a will and passed away the following day. This matter was now falling under the issue of Intestacy. Intestacy is the condition of the estate of a person who dies without having made a valid will or other binding declaration.

It was later discovered that, a male who claims to be the son of the deceased, was intending to claim the funds of the Estate, putting in an Application for letters of Administration to the Supreme Court of New South Wales. This saw Ms Khalil and staff prepare and file with the Supreme Court a Caveat to put a hold on this proposed application, as our client is able to put a claim on the estate on an intestacy basis. The individual who has put in the application is currently fighting the proceedings against our client in the Supreme Court of New South Wales.

Why Choose Saba Lawyers?
At Saba Lawyers, we are always ready for the unexpected and as your voice in the Court, there will be no hesitation to defend your rights in the fight for justice for all parties. Should you require updating your will, or simply preparing one, please do not hesitate to contact our firm to assist you in this regard.

We will be sure to ensure that justice is served, and our client is always getting the best outcome. If you know of anyone who is experiencing any similar issues, or if you have any questions, please do not hesitate contact our Parramatta Office on 1800 722 252 (SABA LAW).

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