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SUCCESSION LAW

WHAT WE DO

  • Advising clients on preparation of wills
  • Drafting of wills to conform to the instructions of our clients within the legal systems applicable to the operation of the particular will
  • Application to the relevant authorities for the implementation of inheritance for the beneficiaries of the deceased
  • Carrying out all steps necessary to ensure that the estate of the deceased is distributed according to the wishes of the deceased and the application of the relevant jurisdictions, both local and foreign
  • Making any claim for a client who considers appropriate provision has not been made for that client under a will

We listen to our clients and advise to achieve results for those persons for whom they care. At the time to implement our clients’ wishes, we act with compassion and experience to assist.

IN BRIEF

Letters of administration:

If a person dies without a will then application must be made to the court for letters of administration to be granted to a person in the jurisdiction of the court to administer the estate of the deceased according to the rules of intestacy. These letters of administration generally provide for disposal of the deceased’s estate to the partner and relatives of the deceased.

Probate:

If a person dies leaving a will then the executor named in the will applies to the court for grant of probate to distribute to the deceased’s estate according to the terms of the will.

Both application for letters of administration and probate require evidence of death and entitlement to be submitted to and approved by the court.

Then the court will grant letters of administration or probate to allow the administrator or the executor of a will to call in and realise the estate of the deceased and to pay debts, and then dispose of the estate according to the will or to the administration as approved by the court.

Different jurisdictions:

Where assets are owned by the deceased in different jurisdictions then the question which legal system applies comes into play.

The general principle is that real estate is always governed by the law of where it is situated.

This and the fact that in some jurisdictions where the ability to make provision by will is limited, such as in most non Anglo-Saxon jurisdictions, mean that the application of those laws will impact on the disposal by will.