Welcome to Probate Lawyers Australia
Grant of Probate | Administration
When someone dies leaving a Will, its Executor must get in the will maker’s personal and real property, file tax returns, pay outstanding debts, and then distribute net assets to beneficiaries.
Such dutiful tasks can only be accomplished after a Probate Court validates the Will by a Grant of Probate, permitting the Executor to proceed with impunity.
Where there is no Will, the Probate Court grants Letters of Administration, appointing an "Administrator" to the Estate.
Administrators and Executors are trustees with similar responsibilities, and are the personal legal representatives of their respective Estates. But because there's no Will and therefore nil beneficiaries, Administrators have the additional responsibility of distributing an Estate's net assets to stipulated persons described in complicated inheritance laws.
Each is answerable to the Probate Court, and both may be required to file verified Accounts.
This website is dedicated to helping you find a Probate Lawyer located near you to assist Executors and close relatives of deceased persons cope with these complex legal responsilbities and issues.
Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.
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Estate Litigation | Family Provision Claims
Some Wills treat family members unjustly, whilst others ignore the financial needs of dependents.
What's more, a Will itself may be challenged if the will maker did not know or approve of its contents, did not possess the requisite mental capacity, or was a victim of undue influence.
Informal Wills, i.e. Wills which are either unsigned or incorrectly witnessed, are always problematical documents, subject to close scrutiny by Probate Courts.
A Will can be contested or challenged if...
- it has been incorrectly executed or tampered with
- it was executed under pressure from others, or the will maker was incapable of making a Will
- it has been incorrectly administered
- insufficient provision has been made in a Will for a spouse, child or close relative
- the will maker has failed to meet a financial obligation to provide for certain persons, including dependents, under existing State or Territory family provision laws
Our Probate Lawyers take instructions to...
- challenge unfair, irregular or informal wills
- contest Grant of Probate or Administration applications
- apply to a Court for family provision on behalf of worthy relatives or dependents
- resist family provision claims made against Estates that have no merit
This website is dedicated to helping you find a Probate Lawyer located near you to assist you handle all the complicated legal issues associated with Wills and Estates generally.
Most of our Probate Lawyers and Solicitors give short, free legal advice on first telephone contact.
Many Probate Lawyers accept instructions on a cost contingency basis. Enquiries are welcome.
