Law

How do I Make a Claim on an Inheritance?

12:24 AM Kapil Kumar 0 Comments

In order to claim an inheritance, you will have to file with the court a legal document that will serve as notification to the court and to the custodian of the estate that you might be legally entitled to part of or even all of the inheritance. This document is commonly known as a “demand letter’ and will contain your name or the name of the person submitting the demand, a statement describing the connection to the estate, an address for mailing, phone contact number(s), and the name of the person who has deceased.


After you have filed the demand for notice, it will then obligate the court clerk and the custodian of the estate to transfer copies of every document which has been filed with the court to you or the person who filed the demand.

Endorsement

If you wish to make a claim on an inheritance, you will have to send an endorsed copy of your demand for notice to the custodian of the estate. The word "endorsed" in such a case means that the court has now placed an official stamp on the request for notice. This stamp will display the date that you have filed the document with the court, along with the signature of the court clerk

The custodian of an estate can be a personal representative or a public trustee NSW. The person who is then serving as the custodian is legally bound to gather the property of the deceased person and then go about the distribution of such property compatible to a valid will or, when there is no valid will, compatible to the law.

A Valid Will or Intestate

You are obviously able to claim any type of inheritance if you are entitled to inherit through a valid legal will. However, should there be no valid will, then you will have to claim one through a jurisdiction’s intestate law. The term “intestate” means that someone died without leaving behind a valid will and Australianstates have statutes that establish intestate succession of all property. This basically means that, if a person passes away without a valid will, the law will then go on to control who has the legal right to inherit.

Anyone who is claiming inheritances must behave with a degree of diligence to protect his or her rights. Any type of failure to claim an inheritance within a certain time period can result in losing out on an inheritance, because the law is prone to establish certain deadlines for someone to declare his or her rights. You would be wise to consult with a probate lawyer to fully comprehend the particular laws to claim your inheritance. For instance, should a will excludes you from inheriting, the will may not be deemed valid and the probate lawyer may be able to successfully challenge the legitimacy of the will.

Do it right by consulting those who are legally in the know.

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