WILLS, ESTATE PLANNING & DECEASED ESTATES
DECEASED ESTATES
At Nevett Ford, we understand that losing a loved one is a difficult and emotional time. It is important that you and your family have the time to grieve for your loss, however there are legal steps that need to be taken at this time.
“I was helped through a difficult estate process by Stephanie and Mei. Both were compassionate and kind, easy to contact and quick with responses to any questions or concerns I had. Their communication was always very clear. Very easy to deal with and great from day one, I really appreciate the assistance they gave me.”
We know that dealing with the task of finalizing someone’s affairs can be confronting and challenging during your grief.
We understand that for a lot of people, this is unfamiliar territory and can be overwhelming. We are able to assist clients throughout this process. Every situation will be different and there are many things that may need attention such as court applications, closure of bank accounts, dealing with superannuation and insurance policies as well as others.
Nevett Ford provide end-to-end estate management which includes:
Application for a Grant of Probate or Letters of Administration
Identification and collection or transfer of bank account funds, shareholdings and other assets by the deceased
Identification of superannuation interests including any applicable binding death benefit nominations
Review of applicable insurance policies to ascertain whether death benefits are payable to the estate
Disposing of or dealing with any property held by the deceased
Assistance with any tax liabilities on testamentary distributions
Assistance with any final tax return for the deceased and any prior year tax returns not yet lodged
Distributing the deceased estate to beneficiaries
If an estate dispute arises, our experienced estates litigation team is on hand to support and guide you every step of the way.
Some common questions we receive about managing the affairs of deceased loved one
Who administers the estate when someone passes away?
The person’s estate and wishes are administered by an executor, who is a person appointed by the deceased in his or her Will to administer the estate. This is usually a responsible person in the deceased’s family or a professional.
If the deceased died without a Will, an administrator will administer the estate. An administrator is usually the deceased’s next of kin.
What does an executor or administrator need to do?
As executor has a number of jobs to do in administering an estate. The scope of their duty will depend on a number of factors including:
- Whether the deceased had a Will
- Their assets – how many and what type?
- Their liabilities – to whom?
- Their family situation – has everyone been provided for who would expect to be?
Do I have to act as executor if I have been named in the Will?
No.
You do not have a legal obligation to accept the appointment as an executor. If you do not wish to act, you can renounce your executorship and a substitute executor (if named in the Will) will act in your place.
What if the deceased didn’t leave a Will?
If someone has died without leaving a valid Will, they will have died “intestate” and the estate will be divided according to the rules of intestacy. The person who administers the estate is referred to as an administrator and will usually be the deceased’s closest next of kin and can apply for Letters of Administration if needed.
The laws of intestacy in Victoria establish the order of priority for potential beneficiaries of an estate. This can be complicated and can be costly, and we would suggest that where someone has died without a valid Will, legal advice be obtained.
What is a Grant of Representation?
A Grant of Representation is a legal document issued by the Supreme Court, which enables the executor or administrator to deal with the estate assets. The Grant is proof that the person named in the Grant is entitled to collect and distribute the estate of the deceased so it can be provided to banks and government institutions etc by the executor or administrator to show that they have the power and right to administer the estate. .
It allows the deceased’s money held in banks, managed funds and so forth to be collected, their debts to be paid, and their property to be sold or transferred.
There are different Grants available, the most common being:
- Grant of Probate
- Letters of Administration
Do I need to obtain a Grant of Representation?
Many assets of an estate cannot be dealt with without a Grant being provided. These include any real estate, aged care accommodation bonds, bank accounts with a balance over a certain amount and shareholdings.
If the deceased owned only jointly held assets, then a Grant is usually not required to transfer these assets.
What is Probate?
A Grant of Probate Is obtained when an executor named in the Will makes an application to prove and register the Will and obtains formal authority to administer the estate in accordance with its terms.
What is Letters of Administration?
Letters of Administration is an order made by the Court and is similar to a Grant of Probate however is applied for when a person dies intestate (without a valid Will).
Who applies for Letters of Administration?
Generally it is the deceased’s next of kin who will apply for letters of administration however, the court will usually grant administration to the following next of kin in order of priority:
- The spouse or de facto spouse of the deceased
- Spouse and children
- Children
- Parents
- Brothers and sisters
- Grandparents
- Aunts and uncles
- Any other person the Court thinks fit
Is there a time limit for a Grant of Representation to made?
No.
However if more than 3 years from the deceased’s date of death, you will need to provide reasons for the delay in your Application.
What is the process?
There are certain steps an executor or administrator must do when dealing with an estate and an application for a Grant of Representative. These include:
- Reviewing the deceased’s final Will (if any)
- Ascertaining the deceased’s assets and liabilities as at their date of death
- Determining whether a Grant of Representation is needed
- If a Grant is required, which type is necessary
- Advertising the intention to apply for a Grant
- Preparing the relevant Application and supporting documents required;
- Filing the Application with the Probate Office
- Receiving the Grant and redeeming any assets such as bank accounts superannuation, etc.
- Finalising any remaining taxation issues
- Transferring or distributing the estate assets in accordance with the deceased’s Will or intestacy laws.
Where do you advertise?
An Applicant must publish a notice of the intended Application for a Grant through the Supreme Court of Victoria. This allows the deceased’s creditors to make a claim on the estate, and also provides an opportunity for other interested parties to file an objection if they believe they have a claim to the estate.
What is involved after a Grant is received?
Once you have the Grant, you must gather in all of the deceased’s assets and take steps to pay any debts or taxes owing by the deceased.
Depending on the assets owned by the deceased at the time of death, and what is stated in the Will, this could include closing their bank accounts, obtaining payment of any death benefit payable under a superannuation policy, selling or transferring assets to the beneficiaries, including real estate and shares.
If assets are liquidated, a bank account will have to be opened in the estate’s name, into which any sale proceeds should be deposited, and from which creditors must be paid.
Once the assets have been collected, you will need to ascertain the debts owed by the deceased at the time of death. This includes funeral expenses and income tax. If you have paid for expenses relating to the estate, you are entitled to claim reimbursement.
You must also finalise any tax returns for the deceased, as well as for the estate (if required) and pay any outstanding income tax owing to the Australian Taxation Office.
Once all debts have been paid, you can distribute the assets to the beneficiaries in accordance with the Will (or intestacy rules if there is no Will). It is important to administer the estate accurately, as some family members may be aggrieved if they are not provided for.
As the executor/administrator, you must prepare a report and Statement of Account for the beneficiaries showing details of the assets, proceeds of any sale of assets, and expenses paid.
How long does the process take?
While the Grant of Representation should be received within 2-4 weeks of being filed, the timeframe for the whole estate administration process will vary depending on the estate assets, beneficiaries and terms of the Will. Sometimes a Will provides people to receive a continuing benefit from the estate. For example, the deceased might have wanted one beneficiary to receive regular payments over a long period or might have wanted money kept for a beneficiary until a certain age.
Does an executor get paid?
An executor is entitled to be reimbursed by the estate for any amounts they have paid on behalf of the estate, provided they were appropriate amounts and may be remunerated in certain circumstances.
Any payment to an executor is referred to as a commission and in Victoria, it cannot exceed 5% of the total value of the estate assets.
EXPERIENCED WILLS, ESTATE PLANNING & DECEASED ESTATES LAWYERS
Nevett Ford has been providing expert legal services for over 150 years, offering tailored advice and assistance in all matters related to wills, estate planning, and deceased estates. As one of Melbourne’s longest-running law firms, our experienced lawyers are dedicated to protecting your assets, ensuring your estate is administered smoothly, and safeguarding your family’s future.
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Expert Legal Assistance for Deceased Estates
Nevett Ford understands that managing a deceased estate can be a complex and emotional journey. For over 150 years, we have provided expert legal services to individuals and families across Melbourne, offering support during one of life’s most challenging times. Our deceased estate lawyers provide comprehensive legal assistance tailored to your unique circumstances, ensuring that every step of the estate administration process is handled with care and professionalism.
How Deceased Estate Lawyers Can Resolve Complex Issues
Deceased estate matters often involve numerous legal intricacies, and our experienced deceased estate lawyers are equipped to handle them efficiently. From applying for probate or letters of administration to identifying and transferring assets, we help resolve complex issues.
Our lawyers work diligently to identify and collect all relevant assets, review insurance policies, address any outstanding tax liabilities, and ensure that the deceased’s final wishes are carried out. We also provide support in situations where disputes arise, guiding you through the litigation process with expertise and compassion.
Why Choose Our Deceased Estate Lawyers in Melbourne?
Choosing the right legal support for deceased estates is essential, and at Nevett Ford, we pride ourselves on offering personalised, client-focused service. As one of Melbourne’s longest operating law firms, we have a deep understanding of the local legal landscape and the unique challenges that come with managing deceased estates.
Our team of deceased estate lawyers in Melbourne brings together decades of experience in estate administration, and dispute resolution. We provide comprehensive support from start to finish, ensuring that all aspects of the estate administration process are handled efficiently and, respectfully.
Navigating the Legal Process of Deceased Estates
The legal process of managing a deceased estate can be overwhelming, especially during a time of grief. Our team offers end-to-end support in navigating the complexities of estate administration. We assist with every aspect, from applying for probate to distributing assets to beneficiaries.
Our expertise includes handling the closure of bank accounts, reviewing insurance policies for death benefits, identifying superannuation interests, and ensuring that all tax liabilities are properly addressed. If you face challenges with the legal process, our team is ready to step in and provide expert guidance every step of the way.
Protecting Your Interests in Deceased Estate Matters
Whether you are an executor, a beneficiary, or a family member dealing with the estate of a loved one, it’s crucial to protect your interests throughout the process. Our deceased estate lawyers in Melbourne offer strategic advice to safeguard your rights and ensure that the estate is managed according to the law.
In the event of disputes, our skilled litigation team is available to represent your interests and resolve conflicts efficiently. We prioritise open communication, transparency, and a compassionate approach to protecting your family’s legacy, providing peace of mind during a difficult time.
Let Nevett Ford’s expert deceased estate lawyers guide you through the legal complexities of estate administration and ensure that everything is taken care of with professionalism and care. Contact us today to discuss how we can assist with your deceased estate matters.
Frequently Asked Questions
What do deceased estate lawyers do?
Why should I hire deceased estate lawyers in Melbourne?
Hiring deceased estate lawyers in Melbourne ensures that the legal process of estate administration is handled correctly, efficiently, and with attention to detail. The process of managing a deceased estate can be complex. Deceased estate lawyers offer valuable expertise, ensuring all legal obligations are met and helping prevent potential disputes or mistakes. Their experience can provide peace of mind, knowing that your loved one’s estate will be properly administered according to their wishes and the law.
How can deceased estate lawyers help resolve family disputes?
Deceased estate lawyers are skilled in handling family disputes that often arise during estate administration. Whether it’s a disagreement between beneficiaries or a claim against the estate, these lawyers provide expert advice to help resolve conflicts. They can help interpret the will, address misunderstandings, and offer legal guidance to ensure that the estate is distributed as it was intended. In some cases, they may represent clients in estate litigation, ensuring that family members’ interests are protected and the estate is administered properly.
When should I contact a deceased estate lawyer?
It’s a good idea to contact a deceased estate lawyer as soon as possible after someone has passed away, either as an executor or a beneficiary. Early legal guidance can help avoid mistakes and delays in the administration process. A deceased estate lawyer can help you understand your rights, obligations, and options, ensuring that the estate is managed according to the deceased’s wishes and in line with legal requirements.
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