Welcome to Probate Lawyers Australia
Tolhurst Druce & Emmerson
- Legal Firm
- Tolhurst Druce & Emmerson
- Address
- Level 3
520 Bourke Street
Melbourne VIC 3000 - Phone
- 03 9670 0700
- Fax
- 03 9670 8503
- tolhurst@tde.com.au
- Website
- www.tde.com.au
Contact
John Henry
Credentials
John Henry's areas of particular expertise include will drafting, estate administration, and the creation and variation of private and charitable trusts. He has experience in public and private constitutional drafting and interpretation including legislation and companies limited by guarantee. John is accredited by the Law Institute of Victoria as a specialist in Wills and Estates, and is also a notary public.
Why Grant of Probate | Letters of Administration?
When someone dies leaving a Will, its executor must get in the deceased's property, file tax returns, pay debts, and then distribute net assets to beneficiaries.
These 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.
When there is no Will, the Probate Court grants Letters of Administration, appointing an "administrator" to the Estate.
Administrators and executors are trustees with identical responsibilities, and are the personal legal representative of their deceased Estate. But because there's no will and therefore no beneficiaries, administrators are entrusted to distribute an Estate's net assets to stipulated persons in accordance with 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 with these complex legal responsilbities.
Most of our Probate Lawyers offer free legal advice on first telephone contact.