Probate & Deceased Estates

We provide helpful and stress free administration of deceased estates

Dealing with the death of a love is often very difficult. With the added responsibility of acting as an executor or administrator any stress you may be feeling can be multiplied. We have many years of experience in assisting our clients in administering deceased estates.

We always work hard to reduce stress and provide a clear explanation of what needs to be done and when.
We provide legal advice on all matters relating to deceased estates including:

  • Obtaining a grant of probate
  • Obtaining letters of administration
  • Arranging survivorship applications
  • We administer deceased estates on behalf of executors and administrators
  • We advise on estate disputes for either executors or beneficiaries
  • We act as executors, if required.

Talk to us if you have lost a loved one and need to administer their estate.

Our Probates & Deceased Estate Team

Grant Mackenzie

Have Any Questions?

 What is an application for probate?

In Victoria an application for probate is the legal process of proving a will is valid in the Supreme Court ,and applying to have the executor named in the will, appointed by the Court. 

Can I dispute an estate?

The answer to this question is difficult to determine without knowing the specific facts of your case. The process for disputing the validity of a will is very different to making an application for further entitlement from a valid will. Dealing with a promise made by a deceased person differs again. If you think you may have any kind of claim over a deceased estate please contact us to discuss the specific circumstances that relate to you.

What happens if you die without a will?

Dying without a will, called dying intestate, means that a formula set by the government applies to the division of the estate. This may be quite different to your wishes so it is always better to have a will.

What happens to jointly owned assets at death?

If 2 or more people own property jointly when one of them dies, property will either pass directly to the survivor, or if held as “tenants in common” will pass according to the terms of the deceased’s will. This often applies with real estate. 

 

What is the difference between probate and letters of administration?

When a person dies leaving assets in their own name, the process to administer their estate if they leave a valid will, is called probate.

If they die without a will, they are intestate and the process is called letters of administration.

What is the difference between an executor and an attorney?

An executor administers the estate of a deceased person who leaves a valid will. Locating the will and arranging the funeral in consultation with family members are just some of the responsibilities of the executor.

An attorney administers a person’s affairs while they are alive and the power conferred on the attorney ceases immediately upon the death of the principal who appointed them.

What is the Administration and Probate Act?

The Administration and Probate Act governs the process by which the assets of a deceased person are distributed and other matters related to the administration of deceased estates. The Victorian Law Reform Commission has a great resource on the Act,  you can read more here.

Or if you wish, you can download the Probate Act 1958 here.

Send Us An Enquiry

One of our Probates & Deceased Estates team will contact you for a free chat about your legal requirements.

Many thanks to Phillips and Wilkins for a successful process regarding my mother’s deceased estate. I did appreciate your advice regarding a potential problem during that time. I would especially like to convey my gratitude for the consistently conscientious work done by your law clerk, Pam Sell. Her vast experience, patience, friendly manner and good humour were a calming influence.  I was always confident that she had my best interests at heart.

Hugh