Best Estate Planning Lawyers in Suva
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List of the best lawyers in Suva, Fiji
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Fiji Estate Planning Legal Questions answered by Lawyers
Browse our 1 legal question about Estate Planning in Fiji and the lawyer answers, or ask your own questions for free.
- Land Issue
- Good afternoon, and thank you for the query. You have identified a number of issues with your synopsis. It will be hard to get around getting things done without the Aunt’s signature, and makes things harder if you are not in contact with her. Essentially, the Aunt will need to get a probate issued for the deceased Uncle’s estate, before being able to deal with the 1/3 share in any manner whatsover (her name is not on the title, as you said). The probate will still be needed even if you were selling the lots with the Aunt. Again, with the Aunt being more than 80 years old, the probate under the name of the deceased Uncle ought to be expedited. The following needs to happen:Locate the Aunt;Check whether there was a will created by the deceased Uncle (wills make things easlier);Discuss the issuance of a probate. In case there was no will then the 1/3 share of the property falls within the estate of the deceased Uncle and so, you will need to identify the ‘issues’ of the children of the Uncle as they would then have a share;If (3) does not apply then, you may consider buying the 1/3 share from the Aunt after taking out a probate or make an arrangement to pay her from the proceeds of sale or any other suitable arrangement. For legal work, you will need a lawyer to:Undertake an investigation of the propertyPrepare a probate application for the Aunt;Once a probate is issued after all formalities, then prepare a Sale and Purchase Agreement with the Aunt;Prepare a Transfer document after suiatble arrangements;There may be a need to surrender the intial lease or title to obtain new leases or titles for the subdivided plots;Make Sales and Purchases Agreements with the new buyers;Attend to FRCS or regulatory consents (where applicable);Attend to settlement (new sale).The above is quite a scope of work that will be required.Artemis Legal & Consultancy is able to assist but will need to itemise the scope of work before providing any sort of cost estimations. In the meantime, please advise:What sort of property is it?What is the estimated initial value of the property?What is the current value?Are there any buyers lined-up?Happy to discuss if you need to engage our services. Many thanks. Vishal AnandBarrister & Solicitor Artemis Legal & Consultancy Mobile no. (679) 8390846Email – [email protected]
About Estate Planning Law in Suva, Fiji:
Estate planning in Suva, Fiji refers to the legal process of preparing for the distribution of a person's assets and wealth after their passing. This includes creating a will, establishing trusts, assigning guardianship for minor children, and minimizing estate taxes. Proper estate planning ensures that your assets are distributed according to your wishes and can help avoid family disputes and costly legal battles.
Why You May Need a Lawyer:
There are several situations where you may need to consult with a lawyer for estate planning in Suva, Fiji. Some common scenarios include: - Creating a comprehensive estate plan - Administering a probate process - Establishing trusts for minor children or beneficiaries - Planning for estate tax implications - Updating an existing will or trust to reflect new circumstances
Local Laws Overview:
In Suva, Fiji, estate planning laws are governed by the Wills Act, Probate and Administration Act, and Trustee Act. These laws outline the requirements for creating a valid will, the probate process, and the establishment and management of trusts. It is important to comply with these laws to ensure that your estate plan is legally enforceable.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that outlines how your assets should be distributed after your passing, while a trust is a legal entity that holds assets on behalf of beneficiaries according to specific instructions.
2. Do I need a lawyer to create an estate plan?
While it is possible to create a basic estate plan on your own, consulting with a lawyer can ensure that your plan is legally sound and tailored to your specific needs.
3. What happens if I die without a will in Suva, Fiji?
If you pass away without a will, your assets will be distributed according to the intestacy laws of Fiji, which may not align with your wishes.
4. How can I minimize estate taxes in Suva, Fiji?
You can minimize estate taxes by utilizing tax-saving strategies such as establishing trusts, making charitable donations, and maximizing exemptions and deductions.
5. Can I change my will or trust after it has been created?
Yes, you can update your will or trust at any time to reflect changes in your circumstances or wishes.
6. What is the probate process in Suva, Fiji?
Probate is the legal process of proving the validity of a will and administering the distribution of assets according to the will's instructions.
7. How can I choose a guardian for my minor children in my estate plan?
You can designate a guardian for your minor children in your will or trust by specifying your wishes for their care and upbringing.
8. What is the role of an executor in estate planning?
An executor is responsible for managing the probate process, paying debts and taxes, and distributing assets according to the terms of the will.
9. Can estate planning help protect my assets from creditors?
Certain estate planning strategies, such as creating irrevocable trusts, can help protect your assets from creditors.
10. How can I ensure that my digital assets are included in my estate plan?
You can include your digital assets in your estate plan by creating a list of your online accounts and passwords and designating a digital executor to manage them.
Additional Resources:
For more information on estate planning in Suva, Fiji, you can contact the Ministry of Justice or consult with the Fiji Law Society for a list of qualified estate planning lawyers.
Next Steps:
If you are in need of legal assistance for estate planning in Suva, Fiji, it is recommended to schedule a consultation with a qualified lawyer who specializes in estate planning. They can help you create a comprehensive estate plan that protects your assets and ensures that your wishes are carried out after your passing.
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.