Probate and Letters of Administration
Our experienced attorneys are willing to tackle the most complex of cases on your behalf
Wills, Probate, and Estates, including estate planning and drafting wills in Australia, are complex areas of law.
If a loved one has passed away and they have left a Will, then the Will needs to be checked to make sure it’s the last known Will and that it is valid. This Will checking process is called Probate. Some special rules may apply for small Estates, which means Probate is unnecessary.
Probate involves making an Application to receive a Grant of Probate confirming the validity of the Will. Probate can be a daunting process. The requirements to apply for probate usually include the requirement to:
- Advertise the intended probate application to allow members of the public to be informed and to raise any objections.
- Collect information about the Will and the property available for distribution.
- Provide information in an Affidavit in support of the probate application.
- Provide supporting documents.
Our experienced lawyers can help you obtain a grant of probate and provide you with legal advice about any issues that arise during probate.
Letter of Administration
When a loved one has passed away without leaving a Will or the Will cannot be found or a Will is incomplete or invalid, you may need to apply for a Letter of Administration to administer the Estate. Letters of Administration is an Order granted by a Court that allows a person to Administer an Estate in accordance with the law. Special rules apply where someone has not left a Will or they left a partial or invalid Will. Once Letters of Administration are granted, the Administrator then becomes responsible for administering the Estate.
Being an Administrator can be a difficult process as special rules apply to how you administer the Estate. Often, there are disputes from loved ones about who should get what and what the rules are. If an Administrator fails to follow the rules, the Administrator can be held personally liable for any losses to the Estate. That’s why it’s important to have a steady hand guiding you each step of the way.
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