Probate Lawyer Melbourne
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What is Probate?
Losing a loved one is a deeply emotional experience, and managing their legal affairs can add significant stress. At Shamac Lawyers we specialise in helping executors and families across Melbourne navigate the complexities of probate and estate administration. With years of experience and a compassionate approach, we ensure the process is as smooth as possible, giving you clarity and peace of mind during a difficult time.
Probate is the legal process of validating a will and authorising the Executor to administer the deceased’s estate. The Supreme Court of Victoria, in its Probate Jurisdiction issues a “grant of probate”, which empowers the executor to:
- Collect and distribute assets to beneficiaries.
- Settle outstanding debts and liabilities.
- Manage other administrative tasks related to the estate.
When a person dies without a valid will, the process is slightly different. Instead of probate, the court issues Letters of Administration, authorising someone to act as administrator of the estate.
We offer comprehensive support with:
- Applying for grants of probate or letters of administration.
- Validating wills, including situations where:
- The will is defective or missing.
- The terms of the will are unclear.
- There are concerns about the deceased’s mental capacity when the will was made.
- Assisting executors or administrators who are unable or unwilling to apply for probate.
- Resolving disputes between executors or administrators.
- Liaising with government authorities, banks, and creditors.
- Collecting and distributing assets in accordance with the will.
- Managing estate disputes and defending executor actions.
- Helping you with advice on tax liabilities and other financial considerations.
We handle even the most complex probate and estate matters, ensuring you receive expert guidance every step of the way. We offer expert legal advice and assistance with probate applications in Melbourne. Our experienced team is here to support you through every step of the process, ensuring that your loved one’s estate is managed with the utmost care and professionalism.
No matter how simple or complex the estate, we’re here to handle the legal details so you can focus on what matters most.
Why Do You Need A Probate Lawyer?
- Unfamiliar Legal Processes: Executors often feel overwhelmed by the legal jargon and paperwork involved in probate applications.
- Risk of Errors: Incorrect filings or misunderstandings of the law can lead to delays, disputes, or even personal liability.
- Emotional Stress: Grieving while managing legal and financial responsibilities can take a toll on your well-being.
Real World Example:
When John lost his mother, he was named as the Executor of her estate. Faced with a mountain of paperwork and conflicting instructions from family members, he felt overwhelmed. By engaging Shamac Lawyers, John received step-by-step guidance and support, ensuring the estate was settled efficiently and without disputes.
Why is Probate Necessary?
A grant of probate is necessary to:
- Transfer the title of the deceased’s property.
- Authorise the executor to deal with the deceased’s estate.
- Access certain assets such as shares, life insurance policies, and bank accounts which require proof of probate before they can be transferred or closed.
When is Probate Required?
Probate is necessary in several situations, particularly when:
- Real estate is involved.
- The estate includes significant assets like shares, bank accounts, or life insurance policies.
- Financial institutions or companies request probate before releasing assets
The Probate Process in Melbourne
- Locating the most recent will: Determining that the will is valid and has been executed correctly.
- Notifying Interested Parties: A notice of the intended application must be published. This is typically done in a local newspaper or an online registry to notify potential claimants or creditors.
- Preparing the Required Documents: The key documents include a notice of intended application, affidavits of executor and publication, an inventory of assets and liabilities, and the will.
- Filing an Application: The executor must apply to the Supreme Court for a grant of probate. This involves submitting various documents including the original will, a death certificate, and an affidavit. If the original will cannot be found or is invalid, the court may require additional proof or may grant letters of administration instead.
- Affidavits and Additional Evidence: Depending on the circumstances, further affidavit evidence may be required. This could include additional information about the estate or clarifications regarding the will.
- Court Approval: The Supreme Court of Victoria reviews the application and, if satisfied, grants probate. This legally authorises the executor to manage and distribute the estate. If the validity of the will is challenged, the probate process can become more complex, potentially requiring mediation or court hearings.
The executor plays a crucial role in the probate process.
Executor responsibilities include:
- Locating the will and filing it with the court.
- Notifying beneficiaries and creditors.
- Identifying, collecting and managing the estate’s assets.
- Paying the deceased’s debts and expenses, including consulting financial advisors for asset management and tax planning managing any tax liabilities.
- Distributing the remaining assets to the beneficiaries as per the will.
- Managing any disputes or contests
- Legal Assistance and Professional Advice
The executor must ensure all debts and liabilities are settled before distributing the estate. This includes taxes, loans, and other outstanding obligations. If the executor distributes the estate early, the executor may be personally liable for other obligations as they arise.
Navigating the probate process can be complex and time-consuming, and have costly ramifications if not carefully considered. Engaging a solicitor who has the experience and knowledge of probate law can provide valuable assistance, ensuring that all legal requirements are met and the process runs smoothly.
Acting Inappropriately – Costs Orders
It is important to understand that in probate matters before the Supreme Court of Victoria, personal costs orders can be made against parties, including legal practitioners, for delays, inappropriate behaviour, or other misconduct during the proceedings. Such orders can have significant financial and professional ramifications.
If a party or their lawyer is found to have caused unnecessary delays, acted inappropriately, or engaged in conduct that is deemed to be an abuse of the court process, the court may order them to personally bear the legal costs incurred by other parties. This means that the responsible party or lawyer will be required to pay these costs out of their own pocket, rather than from the estate or other sources.
Personal costs orders serve as a deterrent against misconduct and ensure that parties and their legal representatives conduct themselves appropriately and efficiently in probate matters. Failure to adhere to these standards can result in substantial financial penalties and damage to professional reputation.
Managing probate does not have to be a burden.
Let Shamac Lawyers guide you through every step with professionalism and care.