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 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
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 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 a free 30-minute phone consultation or email us at [email protected].