It is usually best to get independent legal advice depending on the circumstances involved.
Seeking Legal Advice – If you are a dependent/family member of a person who dies without leaving a Will, or you wish to contest the Will as you believe you have not received a fair share of the deceased’s property under the Will, then you should seek appropriate legal advice.
The rules of inheritance are sometimes quite complex, and it is important to make sure you receive what you are entitled to inherit.
The Supreme Court will not usually interfere with the way a person leaves property in a Will or with the distribution under the Act.
However, it can interfere if it thinks the Will, or the distribution, does not properly look after the needs of a person the deceased had a duty to provide for.
If there is a challenge to the Will, the Executor can’t act until this has been settled by the Supreme Court.
The Supreme Court can make orders about:
- whether a Will is valid or not
- the appointment of an Executor or Administrator
- the administration of deceased estates
If there is no Will then, generally, anyone over the age of 18 who is entitled to a share of the estate can apply to the Probate Office of the Supreme Court to administer and distribute the property.