Whether one is seeking to ensure that their loved ones receive their real or personal property after they die, or an executor is now seeking to distribute an estate, we can assist.
- Applications for Probate or Letters of Administration
- Applications for a resealing or exemplification of probate granted outside of Victoria.
- Distribution of an estate
- Disputes of a Will under Pt. IV Administration and Probate Act 1958
A Will is the legal instrument that permits a person, the testator or testatrix, to make decisions on how their estate will be managed and distributed after that person’s death. The Will usually appoints one or more persons as the executor or executrix, as the case may be, to carry out these wishes and directions in relation to the estate.
This is the process of proving to a court the validity of a Will. All Wills must be proven before the assets of an Estate may be applied to a creditor or distributed to a beneficiary. The grant of probate is the official document issued to the executor of the estate to pay all debts, collect any monies due and to distribute any remaining assets in accordance with the wishes of the deceased as expressed in the Will.
LETTERS OF ADMINISTRATION
Letters of administration are issued when a person dies without a valid Will. This is the alternate grant to granting of probate. The grant is normally made to next-of-kin and the estate is distributed on the basis of a formula laid down by the Administration and Probate Act 1958.