Death can be tragic and difficult for the ones left behind, especially when the deceased’s personal, legal, and financial matters have to be resolved during the bereavement period.
Our team of experienced wills and probate lawyers in Melbourne can help ease your burden during this difficult time by assisting you through all the complications of administering the estate.
Applying for probate is an important first step for executors and how you apply is key to ensuring a smooth estate administration and distribution. Our estate and probate lawyers are compassionate and effective in ensuring the whole process is made as straightforward and stress-free as possible.
We take the time to engage carefully and closely with each of our clients, assisting them in reaching the best legal solution tailored to their situation, as well as:
● Facilitating the process of obtaining a Grant of Probate or Administration.
● Identifying and collecting or transferring bank account funds, shares, and other assets by the deceased.
● Reviewing applicable insurance policies to ascertain whether death benefits are payable to the estate.
● Assisting with any tax liabilities on testamentary distributions.
● Advice on intestate estates and informal Wills.
● Administering and distributing the estate.
● Advice on inheritance claims.
● Offering support and guidance should an estate dispute arise.
Our team of probate and estate lawyers have a stellar track record of facilitating results effectively, efficiently, and with full transparency. You will be able to take the time and space you need to grieve for your loss while being reassured that the paperwork and other legal details are being taken care of.
FAQ
Who administers the estate?
What is a Grant of Probate?
Do I need a Grant of Probate?
Estates with modest assets and liabilities may not require a Grant of Probate and the distribution can be handled informally. However, if there is a substantial amount of funds, shares or the equivalent, or the deceased was the sole owner of a property or bank account, then you may be required to apply for a Grant of Probate.
Keep in mind that policies regarding estates and their administration vary across financial institutions so it is recommended to inquire about the specifics beforehand. Similarly, the Grant of Probate differs according to each State and Territory. Thus, it is best to consult with wills and probate lawyers in Melbourne to determine what applies to your situation and how you should go about it.
How do I apply for a Grant of Probate?
Generally, you would need to submit the following documents when making your probate application:
- An original copy of the deceased’s Will.
- The deceased’s death certificate.
- A copy of your oath as an executor.
- A statement detailing the deceased’s assets and liabilities.
Since an application for a Probate is a highly technical process, any error in the documents will stall the application. Thus, it is in your best interest to seek the help of experienced estate probate lawyers to ensure a successful and swift application.
What happens if there is no Will?
In this situation, a close next-of-kin who wishes to inherit all or part of the deceased’s estate can apply to the Supreme Court for an administrator to deal with the distribution and management of the estate according to the relevant state law.
However, similar to the requirements of being an intestate estate beneficiary, there is a priority list for those who wish to apply for an administrator which differs according to each State and Territory including:
- Spouse or domestic partner.
- Childern
- Grandchildren
- Parents
- Siblings
- Other family members (Uncles, Aunts, Cousins).
What are Letters of Administration?
Application requirements and the process differs according to each State and Territory, however, generally, you are required to do the following:
- Advertise your intention to apply for a Grant of Letters of Administration.
- Complete the relevant application forms.
- Sign the application in the presence of an authorised witness.
- Lodge the witnessed application with the Supreme Court in your State.
What happens after I receive a Grant?
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 following the Will or intestacy rules if there is no Will.
Finally, as the executor or 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.
What is a Probate Caveat?
As the Caveat may delay proceedings and result in additional legal costs for involved parties, the party filing the Probate Caveat should be aware that they may be ordered to pay the resulting legal costs of the estate.
How long does the whole process take?
However, oftentimes, the pre-application process takes up the most time as people are not sure how and where to begin. Our probate and estate lawyers can sort out your application and arrange for you to sign it as quickly as possible to ensure you do not have to stress yourself figuring out the technicalities during this difficult time.
Once the application is sent to the Supreme Court, depending on your State and Territory laws, it will take about four to six weeks for the Court to review it and issue you a Grant.
Does an executor get paid?
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.
How much does the whole process cost?
What do I bring to my consultation with Nevett Ford’s probate and estate lawyers?
- Will (if any).
- Death certificate.
- Assets and liabilities of the deceased.
- Deceased’s personal details.
- Executor/Administrator’s personal details.
- Beneficiary names and contact details.
WHO YOU’LL WORK WITH
Richard Hamilton
Director
Stuart Wilson
Director
Peter Lumb
Associate Director
Andrew Lumb
Special Counsel
Greg Doran
Associate Director
Steph Chafer
Lawyer
EXPERT PROBATE LAWYERS MELBOURNE
Nevett Ford understands that dealing with probate matters after the loss of a loved one can be overwhelming. Our expert probate lawyers in Melbourne provide compassionate and effective legal support, helping you navigate the complex legal and financial processes involved in administering an estate. With over 150 years of experience, we are committed to providing personalised solutions tailored to your unique circumstances, ensuring that the probate process is as smooth and stress-free as possible.
Read More
What is Probate, and why do you need a lawyer?
Probate is the legal process by which the validity of a deceased person’s Will is confirmed, and their assets are distributed according to their wishes. The probate process is essential for managing and distributing the deceased's estate, and it typically involves applying to the court for a Grant of Probate. A probate lawyer is crucial in ensuring that this process is carried out correctly and efficiently. They assist in obtaining the Grant of Probate, managing the deceased’s assets, addressing any legal disputes, and providing advice on complex matters such as tax liabilities and inheritance claims.
Comprehensive Probate Legal Services in Melbourne
Nevett Ford offers a full range of probate legal services in Melbourne to guide you through every aspect of estate administration. Our services include:
- Applying for Probate or Letters of Administration: We facilitate the application process, ensuring all necessary documents are correctly submitted.
- Asset identification and collection: We assist in identifying, collecting, and transferring assets such as bank accounts, shares, and real estate.
- Tax liabilities and claims: Our lawyers offer advice on managing any taxes or claims that may arise during the probate process.
- Estate distribution: We help ensure the proper distribution of the deceased’s estate to beneficiaries, following legal requirements and the terms of the Will.
- Dispute resolution: Should any disputes arise, our team provides expert guidance on resolving conflicts efficiently and fairly.
How our Probate Lawyers help resolve contested wills
Contested Wills can arise when beneficiaries or other parties challenge the validity or terms of a Will. Our probate lawyers in Melbourne specialise in handling contested Wills, offering guidance on the legal grounds for contesting a Will and how to proceed. Whether you are challenging a Will due to issues such as undue influence, lack of testamentary capacity, or fraud, our team provides clear advice and representation to protect your rights. We work to resolve contested Wills promptly and effectively.
Why Choose us for Wills and Probate legal matters in Melbourne?
At Nevett Ford, we have a long-standing reputation for providing exceptional probate and estate legal services. Our team of probate lawyers in Melbourne is known for their expertise, transparency, and compassion. We understand the emotional toll of managing an estate during a time of grief, and we provide the support you need to navigate complex legal matters with confidence. With our personalised approach, we work closely with you to achieve the best possible outcomes for your family.
Understanding the Probate Process in Victoria
The probate process in Victoria involves several key steps, starting with applying for a Grant of Probate and identifying the deceased’s assets. It also includes settling any debts and taxes, distributing the estate to beneficiaries, and addressing any legal disputes. Our probate lawyers in Melbourne guide you through each of these steps, ensuring that all legal requirements are met. We make the process as straightforward as possible, allowing you to focus on what matters most—grieving and supporting your family.
Contested Wills: How Our Melbourne Lawyers Can Assist
Contested Wills are often the result of disagreements between family members or beneficiaries about the distribution of the estate. Whether you are challenging the validity of a Will or involved in a dispute regarding family provisions, our experienced lawyers provide expert guidance on resolving these issues. We take a practical approach to contested Wills, aiming to reach a fair and amicable resolution while protecting your interests. Our team will represent you in court if necessary.
Affordable and reliable Probate legal services in Melbourne
At Nevett Ford, we understand the importance of providing affordable and reliable legal services. Our probate lawyers in Melbourne offer transparent pricing, ensuring that you understand the costs upfront. We work efficiently to resolve probate matters while minimising the financial burden on you and your family. Our goal is to provide high-quality legal support at a reasonable cost, ensuring that your loved one’s estate is administered smoothly and according to their wishes.
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