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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 & Associates 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.

Here is a useful guide to Victoria’s intestacy provisions.

Our Probate Lawyers

Meghan Warren

Principal

Meghan Warren

Principal
LL.B GAICD B.Bus (FinPlan)
Meghan is one of the few lawyers in Australia admitted in the State (Victoria) and Federal jurisdictions of Australia, and as an Attorney at Law to the New York State Bar in the United States.

Rosy Roberts

Principal

Rosy Roberts

Principal
LL.B (Hons) B.A GAICD
Rosy has extensive experience in Litigation & Alternative Dispute Resolution having represented clients in all Victorian State Courts and the High Court of Australia. She is also a VCAT appointed Administrator.

Rohani Bixler

Special Counsel

Rohani Bixler

Special Counsel
LL.B (Hons) BA (PSYCH)
Rohani holds a Bachelor of Arts (Psychology) and a Bachelor of Laws (Honours) from Monash University, and has practiced exclusively in the areas of estate planning, deceased estate administration and estate litigation and disputes since...

Luke Palmer

Associate

Luke Palmer

Associate
LL.B BA
Luke is passionate about making things as simple as possible for people who are dealing with the loss of a loved one.

Helen Andreou

Probate Clerk and Paralegal

Helen Andreou

Probate Clerk and Paralegal
LL.B BSc
Helen has over eight years of experience providing support for lawyers and assisting clients.
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