After a person’s death it is not only about the funeral that close family must look in to. They have to consider what to do with his or her property. Usually there can be a will explaining how it should be carried out and who gets what portion of the estate. However there can be instances when a will is not available. Even in such instances next of kin must abide by the local law in distributing the property.
The main purpose of legislation being in place in relation to testaments and estate is to ensure that distribution of assets take place within the legal requirements and to prevent fraud and unlawful dealings.
Distributing property
This usually takes place under common law and legislative requirements however more emphasis is given to adhering to the diseased person’s interest. Deceased estate lawyers specialize in facilitating these requirements. However in situations where there is no will being drawn up or the will is stipulated to be fraudulent, then family provision requirements are considered in distribution of the assets. According to this, the closest family members get the property distributed among each other. If the diseased does not have any family members then other relatives are considered. If no family is found, then the property is absorbed in to government property.
Administration
Handling the property of a diseased person is no easy matter, so to make matters easy a representative is usually selected to handle all the administrative requirements. If a person is included in the will that individual is called an executor but in situations where there is no will the court will appoint a person called an administrator.
Close family have no claim or right to interfere in the process of distribution while the executor or the administrateo is in the process of working. They however have a right to interfere if they feel that he or she is not following up on the tasks handed over to them diligently or correctly.
Administrators get authority to do the required work with the letters of administration Perth that is issued by the court, while the executor gets to begin the work with a probate on the estate. This is the process in which the will and testament of a deceased person is authenticated. It is understood that a person can distribute his or her assets as they wish and make note of this in the will that they make. However family provisions law allows certain individuals to contest the allocations made in the will. This legislation focuses on correcting some injustices that can take place when a will is written.