Probate Lawyer Melbourne
Taking an understanding approach to probate legal services in Coburg, Preston & across North Melbourne
Boutique Law Firm with Compassionate & Dedicated Professionals to help you
How a Probate Lawyer can help you....
Who Can Our Probate Lawyer in Melbourne Help?
Instituted Executors
Child of the deceased
Where there is no valid executor, a child or children of the deceased can apply for Letters of Administration with the will annexed.
Spouse
Protect What Matters
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
OR
Book a Call
Meet with one of our Lawyers – ‘In Person’ or via ‘Zoom’ to discuss your Will/Power of Attorney needs
Understanding what Estate Litigation is
What is probate in simple terms?
In simple terms, probate confirms a will’s authenticity, appoints an executor (the person in charge), and ensures the deceased person’s assets, like property and money, are distributed according to their wishes.
How long can probate take?
Probate can take a few months to a few years, depending on the estate’s complexity and any legal issues that arise. While probate can seem complicated, it’s a process designed to legally protect the deceased person’s wishes and their beneficiaries’ rights.
What is the process of a deceased estate?
The process of handling a deceased estate involves a few key steps to ensure that the deceased person’s assets are distributed according to their wishes or the law if no will is present. Here’s a general outline of the process:
- Locating and Reviewing the Will
- Applying for Probate
- Gathering Assets and Paying Debts
- Valuing the Estate
- Distributing the Estate
- Closing the Estate
The deceased estate process helps ensure that the deceased’s wishes are honored or, in the absence of a will, that their assets are distributed fairly and legally.
Read in more detail about Deceased Estates and how Haven Legal Co can help you.
How long does it take for a Grant of Probate in Victoria to be granted?
In Victoria, obtaining a Grant of Probate generally takes between 2 to 6 weeks once all required documents are submitted to the Supreme Court of Victoria. Typically, a notice of intention to apply for probate must also be published online for at least 15 days before the application can be lodged, allowing time for any objections or claims from interested parties.
However, it’s essential to note that after a Grant of Probate is issued, it is often recommended for executors to wait an additional six months before distributing estate assets. This waiting period allows time for creditors or any family members wishing to contest the will to come forward.
Therefore, while the initial probate process is relatively quick, the full administration of an estate may take from several months to a year, depending on its complexity and any potential claims.
What grounds are there for contesting a will?
In Victoria, a will can be contested if certain conditions are met, generally when an eligible person feels they have not received adequate provision from the deceased’s estate. Read more about Contesting a Will and how we can assist you, on our site.
What happens if a person dies without a Will?
If a person dies without a will, they are considered to have died “intestate.” In this case, their estate (assets, property, and debts) is distributed according to state or regional intestacy laws, which outline how assets are divided among surviving relatives.
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