What does the probate process involve and how long does it take?
The process of obtaining an Order for Probate can take anything from a few weeks to several months depending on the complexity of the Estate.
What documents do I need to take to my lawyer?
Some of the important documentation which is required to make an application for probate, or which your legal representative may need are as follows:
What is the difference between Probate and Estate Administration?
When a person dies with a Will, the named executor(s) of the Will applies to court for a “Grant of Probate” to manage and distribute the estate in accordance with the Will.
What is a Representation Agreement and should you have one?
A Representation Agreement allows you to authorize someone else (known as your Representative) to make medical decisions for you, both major and minor.
Do you need a Power of Attorney?
A Power of Attorney can be a very powerful personal planning tool, allowing a person of your choosing (known as your Attorney) to make financial and property decisions for you.
Why should you use a lawyer to draft your Will?
A lawyer can provide you with advice around estate planning so that your wishes are clear and easy to follow, you are aware of the obligations of your Executor and rights of beneficiaries.
What happens if you die without a Will?
When you die without a Will, the law including the Wills, Estates and Succession Act governs the manner in which your assets are distributed. While you can apply to the court to…
What does a Will do?
A Will gives your executor (the person you choose to be in charge) to distribute your assets to your family and friends (known as Beneficiaries) in accordance with your wishes.
When should you get a Will?
As long as you have an asset in your name (even one bank account) it is important to get a Will so that everyone, including the bank knows who is…
Does every Asset in an Estate have to go through Probate?
Not every asset will need to go through probate. Some examples of assets which will not need to go through probate are: real estate if it is owned in joint…