Estate & Probate Lawyer Services

Will I have to go to court to contest a will?

Most cases settle out-of-court settlements prior to trial, either through negotiation, mediation, or arbitration.

More estate-law frequently asked questions

How long does estate administration take?

Obtaining a grant of probate usually takes 3-4 months from when the application is received to to being approved by the Probate Registry. Once approved, administering the estate can take anywhere from six months to two years. Delays usually come from court processing and obtaining tax clearance certificates. 

What happens to someone who dies without a will?

The deceased individual's estate is divided pursuant to the Wills, Estate and Succession Act (WESA). The spouse gets the family home and a certain amount of the deceased's estate (depending on whether the deceased had children). Someone, usually a family member, will have to apply to court for letters of administration to administer the estate.

Will I have to go to court to contest a will?

Most cases settle out-of-court settlements prior to trial, either through negotiation, mediation, or arbitration.

Will I have to pay legal fees if I am the executor?

An executor's legal fees can be paid out of the estate's assets, and not by the executor personally. 

Does a Power of Attorney survive my death?

No. The moment you die, your PoA is cancelled and your Will comes into effect.

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