A Boutique firm
We are a small firm. You will be dealing with just one or two people who you can call at any time. Being small allows us to focus on one area of law. Wills and Estate law is all we do.
The word probate refers to when a court allows a person to finalise the affairs of someone who has passed away. A Grant of Probate is a Court document. This document officially authorises the Executor of a person’s estate to finalise their affairs in accordance with the Will.
What do I have to do?
There are many things that have to be done. Probate is a complex and stressful process that is easiest if done by a professional.
Even straightforward Estates can prove surprisingly complex and time consuming to unravel and Executors are legally liable for any mistakes. The great majority of people seek advice from an expert and fully insured Probate solicitor.
Call us for help. We can make this stressful process easy.
A Solicitor has the Will - We dont have the Will
We can arrange to obtain the Will for you. Where no Will exists you must obtain a Grant of Letters of Administration. A process similar to obtaining Probate.
Do I need a Lawyer?
If you are inheriting real estate then a Grant of Probate (Will) or Letters of Administration (No Will) will need to be obtained from the Supreme Court of Victoria. Where there are assets above $20,000 dollars involved, other than for the funeral, most financial institutions will not allow that money to be accessed without Probate.
Call (03) 98 577 522 now for a fixed-fee Probate quotation.
Disputes generally fall into one of four categories.
Claims by disappointed beneficiaries |Contesting a Will | Lost Wills | Negligence claims
Under the law, family and dependants may challenge a Will if it fails to make adequate financial provision for the applicant. If there is no Will a claim can also be made against the intestacy rules.
There are circumstances which might give rise to the right to seek a declaration that the Will is invalid. These would include;
If a Will has been lost you will need to apply to the Court who may accept a copy of the Will. Beneficiaries or executors may have grounds to make a claim that the person who drafted the Will was negligent or the executors failed to act in the best interests of the estate.
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How much does it cost?
In most cases we can provide a fixed fee inclusive of all costs. It can be surprisingly affordable and we will match any written quote. All Areas.
Just want to find out more about probate and what is involved? Ring us for a free 30 minute consultation. Or Email us using the form below.