Administration of Wills and Estates
Drafting Wills | Litigation | Administration of Estates
Drafting a standard Will is not difficult. Even financial advisers attempt to draft this legal document. The problem comes with the execution thereof, when you are not around to explain what you really wanted. Neilsons Attorneys have administered deceased estates for decades and we know what can happen when a Will was poorly drafted. We therefore do not treat it lightly, even if it is a standard Will. We are dealing with your life’s savings and hard work, after all.
Drafting Wills
We build up a personal relationship with our clients so that they feel free to return once a year or when necessary to amend their Wills as their circumstances change.
Where we deal with a complicated estate, we will take our time and consult properly in order to ensure that you don’t pay unnecessary estate duty or taxes.
A Will is one aspect of estate planning. Another is having a good ante nuptial contract and a thoroughly professional Trust, all of which our attorney can assist you with.
Administration of Estates
Neilsons Attorneys have the legal team with the expertise and the experience to administer your estate efficiently and professionally. We manage all the aspects of administering the wishes in your Will, including possible litigation where the validity of a Will is disputed
Many parents appoint their favourite child as the executor of their Will, only to have that child flounder out of his/her depth when it comes to the administration of the estate. The child then appoints an attorney who never knew you and may perhaps not be able to carry out your wishes properly.
Your executor has to know you, know what your wishes are and carry them out after your death. You need to be able to trust her/him. It’s not like appointing godparents or bridesmaids – your executor must have a knowledge of the law and procedure.
Litigation
When an heir has been left out of a Will, the only way to contest this, is through the courts. We are not only experienced litigators but also have experience in how deceased estates work and can assist you with this.
Sometimes a family member is convinced that the circumstances in which the Will was done is suspicious and wants to challenge the validity of the Will. The Master of the High Court will require a court order and this is where we can assist as attorneys who regularly deal with the Master and deceased estates.
Where the deceased leaves minor children behind they may need legal assistance to claim maintenance from the estate. Our knowledge of maintenance law and procedures will help the children to get their fair share.