Probate and Deceased Estate
When you die, any assets you owned will become your estate. Your estate will be dealt with either according to your Will or if there is none, according to the laws of intestacy (that is, the law will determine who receives your estate).
We are strong advocates for our clients, but above all we treat our clients as individuals
Contesting a Will
Helping you if someone dies without a Will (intestate) and administration of estate
Making an application for Probate and administration of estate
Re-sealing international & interstate Grants of Representation
A Will can be contested and rendered invalid if for example, it is found that there was undue influence exercised over the testator while making the Will, the testator lacked testamentary capacity to make the Will or the Will was not executed properly.
To contest a Will or make a claim against a Will, firstly a person must be considered as an eligible person and this includes but is not limited to:-
- a spouse or domestic partner;
- a child or step-child;
- a person who was treated by the deceased person as their child and who thought that the deceased was their parent;
- a former spouse or domestic partner;
- a member of the deceased’s household;
- a registered care partner; or
- a grandchild.
The person would also need to prove that the deceased person was domiciled in Victoria, had a duty to provide proper maintenance and support to the person contesting the Will and failed to make adequate proper provision to the person contesting the Will.
If you wish to contest a Will, we can provide legal advice on whether you are eligible to contest and if so, bring a claim against the Will on your behalf. We can also assist in determining the strength of your claim and how much you may be entitled to.
Get in touch with us at 0402 03 9010 or email us at info@evelegal.com.au for more information.
A grant of Letters of Administration is an order from the Supreme Court appointing a person to act as the legal representative of the estate where there is no Will or where there is a Will, however, the named Executor is unwilling or unable to act.
With Eve Legal, our services include obtaining the Letters of Administration, collecting the estate assets, selling, or transferring estate property, paying estate debts such as funeral costs, distributing bequests to beneficiaries pursuant to the legislation and resolving any disputes that may arise.
A grant of Probate is an order from the Supreme Court stating that the Will is proven as valid. It validates the Executor named in the Will as the authorised person to act as the legal representative of the estate.
The Executor is the person named or nominated in a Will responsible for executing the Will and managing the estate after you die. Lawyers can advise Executors of their duties and obligations under the law and where necessary, assist the Executor in executing the deceased’s wishes.
If you have been appointed as the Executor of a Will, we can also administer the estate. Get in touch with us at 03 9000 5610 or email us at info@evelegal.com.au for assistance.
If the deceased had property in more than one country, you may need to apply for the grant in each location where the property was located.
However, if a deceased had assets in different states of Australia or in certain countries, namely Commonwealth countries where the Queen is the head of state, Grantsissuedbythecourtsofonejurisdictioncanthenbeallowedtoberecognizedinanotherstateorcountry.
Victoria recognizes grants issued in Singapore, Hong Kong, Fiji, Malaysia, Kenya, various Canadian provinces and other Commonwealth countries.
We offer affordable, fixed-fee quotes for obtaining Reseals of Probate. Contact us today, to discuss your confidential matter.
Speak with our expert and devoted lawyers today.
