Wills & Probate

Belgard is here to assist you with all aspects of Wills, probate, the administration of estates and probate litigation and we will use our knowledge and experience to provide you with the services you need in a practical manner using plain language. 

WILLS

The making of a Will is generally straightforward and inexpensive, and it is vitally important for every adult to make a Will to ensure your estate is administered in accordance with your wishes upon your death, rather than in accordance with the law.  

Having a Will drafted by a Solicitor gives you peace of mind that your affairs are in order and those dearest to you are taken care of in accordance with your wishes on your death and your property and possessions are distributed in the manner you desire. 

Making a Will not only ensures you have control over what happens to your property and assets but allows you to appoint people you know and trust to look after your estate and be your executors.   Having a Will can also avoid preventing unnecessary distress and expense to your relations and loved ones which can occur if a Will is not made and can also avoid disputes occurring within your family as a result. 

If you have children, you must consider who should be appointed as their legal guardians should anything happen to you and crucially this can be addressed in your Will. 

Also, on the making of a Will is it imperative that your marital status is considered, i.e., if you and your spouse separate before your death, but never divorce, the law still considers you married and as a result, your spouse will still be entitled to the legal right share of one-third of your Estate, even if your Will specifies otherwise. 

Making a Will, in essence, gives legal status to how you would like your assets and possessions distributed and it also allows you to make those special bequests to loved ones that may be overlooked otherwise.  

If you would like more information, please submit an enquiry via the form below and we will get back to you as soon as possible. We look forward to hearing from you.

PROBATE

Probate is the area of law that deals with administering a deceased’s estate which is administered through the Probate Office of the High Court by the personal representative.

If you recently lost a loved one, Belgard will assist the personal representatives by guiding them in administering a deceased’s estate in a timely and efficient manner to include the following: 

  • identification of all assets and liabilities;
  • dealing with financial institutions;
  • preparation and filing of the Inland Revenue Affidavit;
  • preparation and filing of the papers necessary to obtain the appropriate Grant of Representation;
  • distributing the deceased’s assets;
  • vesting the property of the estate in the beneficiaries; and
  • preparation of estate accounts.

Belgard can also provide advice on potential legal claims, for example, the right of a spouse to a legal right share, the rights of a co-habitant, or the right of a child to an inheritance from a parent. We can also advise beneficiaries on their entitlements.

While personal representatives can make a personal application to the Probate Office for a Grant of Representation directly, the documentation required can be complex and requires careful attention to detail as the Probate Office is very particular with the applications they accept.    As a result, applications are often rejected due to information being omitted or errors in the documentation which ultimately leads to delays and frustration.   

To avoid such delays and often additional expenses, it is advisable to instruct a solicitor to handle the application on your behalf.   An experienced solicitor will be familiar with the requirements of the Probate Office and, in general, will extract a Grant of Representation more quickly.  

If you would like more information, please submit an enquiry via the form on the right and we will get back to you as soon as possible. We look forward to hearing from you.

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