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Deceased Estate Melbourne

Our Wills & Estate Lawyers based in Coburg, Preston Let us make it easier for you and your family

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How Deceased Estate Lawyers can help you

Coming to terms with the death of a loved one is very difficult. The added responsibility of dealing with their assets and liabilities (the ‘Estate’) can be simply overwhelming. When someone dies you need to find out whether they had a valid Will. If they had a valid Will, they would have appointed someone as their trusted Executor. Our deceased estate lawyers will ensure that your duties as an executor are undertaken diligently and thoughtfully.

What is the role of an Executor

The Executor is responsible for collecting and distributing the deceased’s assets in accordance with the terms of the Will. If the deceased had no Will, someone will need to act as an Administrator and the ‘Rules of Intestacy’ apply. The duty of an Executor begins the moment the deceased person dies. The duties depend entirely on the assets and liabilities of the Estate.

Some of the things an Executor may be responsible for include:

  • Organising the funeral
  • Applying to the Court for a Grant of Probate (more information below)
  • Identifying the deceased’s assets and liabilities
  • Organising proper insurance cover for the deceased’s property
  • Closing bank accounts
  • Selling or transferring the deceased’s house and other property
  • Paying any creditors
  • Liaising with beneficiaries
  • Distributing money and items to beneficiaries
  • Taking care of any taxation issues
  • Looking after assets or investments that have been left to anyone under 18 or with a legal disability
  • Representing the estate in any litigation (e.g. a family provision claim)

Assistance for Deceased
Estate in Melbourne

You don’t have to handle this stress and grieve at the same time. Involving a deceased estate lawyer to assist you in the Estate Administration process makes everything a lot less daunting. Here at Haven Legal Co, we are eager to lessen your burden by providing you with hassle-free legal assistance.
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Deceased Estate: Two Types of Legal Handling in Melbourne

There are two ways of handling a deceased estate in Melbourne.

01. Probate

Probate means the departed person has left a will and would need a Grant of Probate. This document authorises the executor(s) to manage the deceased person’s estate and assets. Moreover, this process may require the transfer of real estate and involve bank money amounting to over $50,000.

What is Probate?

Probate is the process of proving to the Supreme Court the last Will of a deceased person reflects their final wishes. In order to collect in and deal with someones estate assets you need to seek authority from the Supreme Court. This is achieved by obtaining a legal document called a ‘Grant of Probate’. To protect the interests of those who hold the deceased’s assets (for example banks or a super fund) the executor may be asked to prove they are authorised to administer the Will before the assets can be released. The Grant of Probate is the proof required.

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Gather information about the assets and liabilities of the deceased. The details and values of all assets and liabilities of the deceased are required for the Inventory of Assets and Liabilities to be filed with the Court.

If Letters of Administration need to be applied you generally require deceased estate lawyers to make this assessment. The process for Letters of Administration are similar to that of Probate except we rely on a family member or close friend to come forward and agree to accept the role of administrator.

The process for Applying for a grant.

It is not always necessary to apply for a Grant of Probate or Letters of Administration.

This will often depend on what assets have been left behind by the decease

Read more

We are here to help

Whether you’ve been tasked with managing a deceased estate in Melbourne or have no choice but to do so, we can expertly provide legal guidance. Our Deceased Estates lawyers can help even if you are not sure whether you need to obtain a Grant or not.

Book a Conference

Use our confidential tool that allows you to get started online, in your own time and space. It will ask you a series of questions, and provide valuable feedback. We will then be in touch with draft documents before we meet with you

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OR

Book a Call

Meet with one of our Lawyers – ‘In Person’ or via ‘Zoom’ to discuss your Will/Power of Attorney needs

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If you are not sure whether you need to obtain a Grant, please book a no obligation chat here or call us today.

A general guide to the steps of How to Manage a Deceased Estate in Melbourne When your deceased estate is less complicated.

When you are appointed an Executor you still need to manage the deceased estate in Melbourne as soon as possible. However, it may seem too confusing, and you may be unsure of where to start. Here is some guidance to help you;

Organise the Funeral Service

The first step is organising the funeral service according to the will. You have to reach out to the family and friends of the deceased to let them know of the death. Moreover, you will also need to inform organisations such as banks, the government, insurance companies, utility companies and superannuation providers.

Review Estate and Other Assets

You have to make a list of all the properties and assets of the deceased. If combined assets reach over $50,000, you may need to seek a Grant from the Supreme Court to deal with the estate assets.

Pay Debts

When you finish reviewing the estate and other assets, determine if the deceased has any unpaid debts and settle them.

Distribute the Assets

When everything is settled, divide the assets between the beneficiaries as per the Will or in accordance with the rules of intestacy.

We understand how difficult it is for you to manage legalities while dealing with grief and loss.

It puts you under too much pressure and seems an overwhelming and emotional task.You don’t have to handle this stress and grieve at the same time. Our team will be with you every step of the way, whether it involves distributing money or a court hearing for a contested estate. Reach out for our support, and we will help you manage the deceased estate in Melbourne.
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Administering a Deceased Estate – What’s the Hold Up?

Losing a loved one is undoubtedly a difficult time. When appointed as an executor you are tasked with the administration

‘Reading of the Will’ in Australia

A common question that arises from Executors and Beneficiaries when someone dies in Australia is “when does the reading of

What is an Enduring Power of Attorney?

What is an Enduring Power of Attorney? An enduring power of attorney is a legal document. It allows you to

Start your Will and
Estate Planning online

Haven Legal Co’s online Estate Planning assistant is a confidential tool that allows you to get started online, in your own time and space. It will ask you a series of questions, and provide valuable feedback.
Start online here