Probate & Deceased Estates
We provide helpful and stress free administration of deceased estates
We provide legal advice on all matters relating to deceased estates including:
- Obtain a grant of probate
- Obtain letters of administration
- Obtain survivorship applications
We administer deceased estates on behalf of executors
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
Have Any Questions?
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 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 Administration and Probate Act?
The Victorian Law Reform Commission has a great resource, you can read more here.
Or if you wish, you can download the Probate Act 1958 here.
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 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.
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 was a calming influence. I was always confident that she had
my best interests at heart.