Grant of Probate & Best Wills and Estates Lawyers in Melbourne

In the event of death, there is often property, assets, or sometimes even debt that is left behind. This is usually termed as estate. At Daniel Lawyers & Associates, we have the best wills and estates lawyers in Melbourne, who can help clients obtain Letters of Administration in the absence of a will and a Grants for probate of a will in the presence of a legally valid will. Furthermore, we pride ourselves for having experienced Probate & Deceased Estate lawyers who can provide our clients with valuable advice regarding the management of estates while accounting for all beneficiaries. In the presence of a will, there are executors, and in the absence of will, there are administrators, who are usually the next-to-kin of the deceased.

What is a Grant of Probate?

Probate is the legal process where the Supreme Court certifies that the will is valid and can certainly be executed. Furthermore, it not only gives authority to the executors named in the will to finalise all proceedings but also determine the duties of executor of will.

What is a Letter of Administration?

A Letter of Administration is approved by the Supreme Court when there is an absence of a valid will. Here, a person is appointed to be the administrator of the estate. In such cases, the property and assets are distributed based on the laws of intestacy. People who are the closest next-of-kin can apply to be administrators. In Victoria, the order of priority ranges from lawful spouse or domestic partner, children (excluding stepchildren, but including children adopted by the deceased), grandchildren, parents, brothers, or sisters to distant next of kin.
The Supreme Court certifies applicants to be either executors or administers and identifies all the beneficiaries. However, these people are often supposed to carry out certain duties apart from the collection and distribution of the assets of the deceased.

These duties include:

  • Making funeral arrangements
  • Locating the last will of the deceased
  • Check the validity of the will
  • Identifying assets and liabilities of the deceased
  • Prove the will
  • Pay liabilities of the deceased


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Additionally, some of the documents required to start application for Probate of a will include a valid will, certificate of death, current documents regarding property & assets, as well as debts & liabilities. Our wills & estates lawyers in Melbourne, Victoria understand all the nuances of dealing with the estate of the deceased. You can talk to our team in case you need to further understand what a probate of will is and learn how to apply for probate.
We ensure that our clients receive help from the best probate & deceased estate lawyers in Melbourne.
They would assist our clients with the following aspects of the probate:

  • Interpretation of the will in terms of Estate Law
  • Defining duties and rights of executors and trustees
  • Application for Probate of the Will in the Supreme Court
  • Facing the situation of intestacy (where there is no will)
  • Identification of estate assets and liabilities
  • Evaluation of estate property
  • Selling or transferring estate property
  • Advising family and testamentary trusts
  • Administering trust funds

Often, wills and estate lawyers in Melbourne advise clients to have a succession plan in place, which will make the transition easy for loved ones of the client. This will also minimise the chances of the estate to be sold upon the demise of the client.
Some other factors involved in estate planning are:

  • Evaluation of assets
  • Evaluation of likely taxation
  • Advice regarding the possibility of contention of estate by third parties
  • The protection of assets

Sometimes, estate planning can be subjected to a process of re-evaluation of the estate when there is a significant change in life circumstances, such as:

  • Marriage or divorce
  • Change in family’s asset pool
  • Change in working conditions such as the buying or selling of a business
  • Changes made in superannuation, taxation levels, or insurance policies
  • Establishment of discretionary trusts

Usually, a successful plan is the one made by involving all family members as it will take into account not only provisions for retirement income, but also the plans and existing assets of younger generations.
When you need help with will and estate planning, rely on the best wills lawyers at Daniel Lawyers. Get in touch with us on (03) 9687 3211 for 30-minute phone consultation or email us at

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Joanne is very diligent in making sure all legal aspects are fully satisfied. Easy to do business with. Happy with the probate support she provided.
Wes Kosior
Wes Kosior
I am very happy with the service provided to my business. Daniel Lawyers & Associates went out of their way to ensure all transactions fulfil with care. Highly recommend Daniel Lawyers Service to anyone/business. Thank you so much Sinan and the friendly team.
I have had a very good discussion with Sinan who explained absolutely everything is great detail. I have obtained all that I need to decide on how to proceed going forward. He's very nice and courteous and a good listener. Totally enjoyable session and I have no issues getting his service again if need be in the future. Regards, Khanh
khanh tran
khanh tran
Thank you very much It was a pleasure dealing with Danial lawyers (Sinan Daniel)
rasha suliman
rasha suliman
Joanne is one of the most polite, caring and understanding legal professionals I have ever had the pleasure of dealing with. She turned what looked like a non-winnable case into a successful case. I found her amazing, understanding and very considerate to the circumstances that had occurred. I would recommend her to anyone without a second thought. My sincere thanks Joanne.
Marie Paget
Marie Paget
Thankfully we have had very little dealings with lawyers so really wasn’t sure what to expect when engaging Joanne and her team to assist us with probate and the sale of our estate. I sent out several web enquiries and Joanne was only one of a very few that responded. So without hesitation we engaged the practise. Joanne is incredibly efficient with most emails literally getting answered within 30 seconds. She answers all queries with consummate professionalism and at no point have we been left wondering how things work during this very arduous process. Sometimes if we had forgotten to sign a form she would even send a staff member over to home to get us to sign. We have both been overwhelmed at her service and also the fees which are so much less then the bigger firms. We would recommend her and her team in a heartbeat.
Jas P
Jas P
Joanne was a very professional throughout my legal process and she was very confident when she was giving me the legal advise. I'm very satisfied customer and i wish Joanne very best in her business and her family.
kice markovski
kice markovski