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Probate Lawyers in Melbourne
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If you are the executor of a will or deceased estate and need to distribute the assets of the estate, we can help.
As probate lawyers, we are here to help you do things correctly and according to the law, in order to complete the probate process smoothly and quickly and avoid the many common pitfalls that befall inexperienced executors of estates.
How Our Probate Lawyers Can Help You
As some of Melbourne’s top probate and estate lawyers, we are here to guide you through the entire process to ensure that you don’t have to deal with all of these issues yourself, and in many cases, avoid them entirely.
We specialise in probate law and have years of experience helping people in Melbourne distribute estates in a stress-free manner that allows them to get on with their lives and prevents damaging family disputes.
This experience allows us to advise you on the correct actions to take so that you are following the law and making the best decisions possible, minimising or even eliminating the potential for the problems listed above to occur.
Our aim is to help you complete the probate process as smoothly and as quickly as possible, with as little expense as possible, just like we have helped countless other Australians do.
The Main Benefits We Provide
- Significantly reducing time delays by helping you avoid errors, mistakes and pitfalls
- Helping you avoid unnecessary expenses by eliminating costly errors and ensuring you are not overpaying for things such as taxes and fees
- Quickly and efficiently responding to any requisitions raised by the court after filing the application by drafting and filing the appropriate and required documents in response in the specific manner the court requires (by way of a sworn affidavit with accompanying exhibits) to ensure delays in receiving the grant are minimised
- Eliminating emotional stress by advising you on the best course of action to take
- Reducing and helping you resolve any disputes in the most efficient manner possible
- Ensuring the process has been completed 100% correctly so that you will not have issues further down the line or open yourself up to legal challenges by other beneficiaries
Probate Services We Offer
Application For Grant of Probate
We can prepare and file the application to the Supreme Court for grant of probate or Letters of Administration on your behalf.
Executor Assistance Service (Done With You)
For those wanting to do the probate process themselves. We will provide guidance on the duties of an executor if you choose to manage the administration of the estate yourself once the grant has been obtained.
Administration of Estate (Done For You)
For those who want us to handle it all. This is a full service from applying for Probate and Letters of Administration, calling in of all assets (via our trust account) to the distribution of estate assets to beneficiaries, including conveyancing on property sales and or transfers and accounting. We take care of the entire process on your behalf.
We Can Also Assist You With
- Applying for a grant of Probate (where someone has died leaving a valid will)
- Applying for Letters of Administration (where there is no valid will)
- Applying for Letters of Administration where the executor named in a will has died or does not wish to act as executor (Letters of Administration with the Will Annexed).
- Advice and court representation for litigation, both defending an estate and for beneficiaries making a claim against an estate or who have an issue regarding the executor of an estate
- Advice with all probate matters including contentious, non contentious and complex probate matters
- Practically an matter related to probate and administration of deceased estates
Common Issues That Can Arise During the Probate Process
Unfortunately, probate is usually not a simple or quick process. There are many complexities and potential issues that can arise, especially if things have not been done correctly and according to the law.
Because probate can be legally complex, especially if the deceased didn’t leave a will or if there are disputes among the beneficiaries or family members, navigating the legal requirements and understanding the probate laws and potential estate taxes can be challenging for someone without legal expertise.
If the legal requirements are not correctly followed, some issues that can occur include:
Delays in Probate Proceedings
Probate proceedings are often time consuming, especially if all the steps in the probate process are not done correctly.
Errors or omissions in the paperwork or failure to meet specific requirements can result in the probate proceedings being delayed, prolonging the time it takes to settle the estate and distribute assets to beneficiaries, sometimes by several months or even years.
Expenses & Increased Costs
Probate can be costly, involving various expenses such as court fees, lawyers fees, executor fees and appraisal fees. These costs are typically paid from the estate’s assets before distribution to beneficiaries, which may affect the final value of the inheritance.
Mistakes or misunderstandings in completing legal documents may require revisions or resubmissions, leading to additional filing and legal fees. It can also result in the challenges to the validity of the probate, resulting in additional legal proceedings adding further expenses.
Disputes Among Beneficiaries
Due to the legal complexity of probate, disagreements or disputes among beneficiaries or family members can occur regarding the distribution of assets, validity of the will or the appointed executor.
Resolving these disputes can involve litigation, further complicating the probate process and resulting in increased time delays and additional costs.
Incorrect Asset Distribution
If assets are not properly identified or their value is inaccurately determined, dissatisfaction among beneficiaries and potential disputes can arise which often require legal resolution.
Non-Compliance with Legal Obligations
Probate involves fulfilling various legal obligations, such as notifying creditors, paying debts, and addressing tax matters.
Failing to comply with these obligations can result in legal consequences and potential penalties.
It is essential to understand the legal requirements to ensure proper compliance throughout the probate process and avoid costly future issues.
Emotional Stress
Dealing with probate while grieving the loss of a loved one can be emotionally challenging. The administrative tasks, legal complexities, and potential conflicts among family members can add additional stress to an already difficult time.
Tax Obligations
Probate may involve fulfilling various tax obligations, such as filing income tax returns for the deceased person and the estate, paying any outstanding taxes and addressing potential estate tax or inheritance tax issues.
Dealing with the tax requirements can be complex and time-consuming, which can be worsened if done incorrectly, resulting in more expenses and time delays further down the line.
Get Your Probate Matter Sorted Today
Our friendly and caring probate and estate lawyers are here to help you get your probate matter sorted, no matter how big or small. Speak to our probate lawyers today by clicking the button below:
FAQ Regarding Probate
What Is Probate?
Probate is the legal process that verifies the authenticity of a will, or absence of a will, and determines the rightful distribution of the assets in a deceased estate according to the laws of inheritance in Victoria.
The process typically involves a number of steps such as filing the necessary documents, inventorying the estate’s assets, appraising their value, addressing any creditor claims, and ultimately distributing the assets to the rightful beneficiaries.
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