When a loved one dies, it is an emotional time for family and friends. There are the inevitable processes that must follow and our experienced legal team is here to help you help.
There are many issues that arise when someone dies. There are organizations to notify, services to cancel, bills to pay and financial and property affairs to be dealt with. It may also be necessary to apply for a Grant of Probate if there is a will, or Letters of Administration if there is no will. This can be a complex undertaking. At Burke Lawyers we can assist with all aspects of deceased estate administration.
Grants of probate or administration
A Grant of Probate is a formal document issued by the Court to the Executor named in the last Will of the Deceased which formalises the Executor’s appointment and grants them formal authority to act on behalf of the Deceased.
Administering an estate
Administering an Estate is the process dealing with a Deceased Estate pursuant to the Will (or legislation if there is no Will), including managing assets, paying any liabilities, and ultimately distributing the Estate to the beneficiaries.
Do you need a lawyer for probate?
An Executor may prepare and lodge the Probate application themselves; however, there are often numerous complexities that may require legal skill to resolve, plus Executors are required to comply with legal duties and should seek legal advice to ensure these duties are fulfilled. Unfortunately, not all deceased estates can be finalised quickly.
The law allows for claims against an estate and challenges to the validity of a will. The Wills & Estates legal team have experience in all aspects of such claims having acted for the people challenging wills, for executors defending claims and for beneficiaries caught up in the middle. Regardless of your role, we can assist in complex deceased estate matters.
If you have any questions about Probate, your Will or would like to find out how our Wills & Estates lawyers can assist you please don’t hesitate to contact us on +61 3 9822 8588 or email our team here.
Here is a useful guide to Victoria’s intestacy provisions.