Wills and Estate Administration/Probate

The Biddle Lawyers team understands that the death of a loved one can be a difficult and confusing time.

We can take the stress out of the administration of your deceased loved ones Estate.

If there is a Will in existence, then we can assist the Executor to carry out the wishes of the deceased by attending to the legal transfer of assets which may include money held in bank accounts, shares, residential property, superannuation and life or other insurance policies.

It is often necessary to obtain Probate of the Will in the Supreme Court to effect the transfer of those assets.

If there is not a Will in existence and there are assets in the Estate, then Letters of Administration are obtained from the Supreme Court for the right to administer the Estate and effect the transfer of the assets.

Wills and Estates Disputes/Litigation

Unfortunately, we are seeing all too often disputes in relation to deceased Estates and in particular disputes over entitlements left to beneficiaries in Wills and also beneficiaries left completely out of Wills.

Our team are experienced in representing not only the Executor of the Estate in the defence of these claims but also in representing anyone who has been legitimately left out of or disadvantaged in a Will.

We approach these cases as we do with all Court litigation cases with a view to keeping them out of Court and actively participate in and pursue mediated outcomes.

In any of these events, we strive to undertake the necessary work efficiently and cost effectively. If you are defending a claim as an Executor of an Estate then your legal costs and outlays are paid for out of the Estate. If you are making a claim on an Estate, then we do represent on a no win no fee basis, subject to your prospects of success. If you claim is legitimate and genuinely made, then if you are successful your costs will generally also be paid out of the Estate or if you lose, your costs may also be paid provided your claim was not vexatious or without merit.

Our lawyers understand that these disputes are often the culmination of years of unresolved family issues and we take an empathetic approach to every case, in order to try to achieve the best possible outcome for all parties involved.