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Legal Advice Helpline: ☎ 1800 339 958

If you are an executor of a will and are uncertain as to how to apply for probate or how to administer a deceased’s estate, contact our Ballarat Probate Solicitors. An executor’s duty is to collect the assets of the deceased and distribute the proceeds of such collection according to the directions contained in the will. Difficulties may arise if there is no will, or the will is invalid, or the executor mishandles the distribution of assets. Additional problems may arise should a beneficiary feel that they have been left inadequate inheritance and wish to contest the will. Call our free helpline or complete the online contact form to receive obligation-free legal advice.

Grant of Probate

Before an executor can deal with the deceased's estate, they must apply to the probate office of the Supreme Court of Victoria for a grant of probate. Once probate is granted, the executor can administer the deceased’s estate. Administration of an estate involves accounting for all assets and liabilities and distributing inheritance to the beneficiaries of the will. If you require advice on how to apply for a Grant of Probate or advice on how to fulfil your duties as an executor, complete the contact form or call our helpline to speak with a member of our team.

No Will

Where the deceased person has not left a will, an application will need to be made to the Supreme Court for a Grant of Letters of Administration. This grant is usually made to the next of kin such as the deceased’s spouse, partner or a child. The deceased’s estate must be distributed according to intestacy laws. When there are no discernible parties amongst which an estate can be distributed, then the government is entitled to everything. You should seek legal advice if you are the dependent/family of a person who dies without leaving a will. The rules of inheritance are complex, and it is important to make sure you receive what you are entitled to inherit.

Challenge a Will

Sometimes a will can be challenged in court because it is unfair in that it may leave one or more dependents without adequate inheritance. In such circumstances, a judge will assess whether the will makes adequate provision for the proper maintenance and support of the person. A judge may order that further provision be made. To challenge a will, you will need to speak with a Ballarat Will Solicitor about taking legal action. Many of these cases are handled on a No Win No Fee basis. Time limits apply when challenging wills, so you need to seek legal advice as soon as possible. Call our legal team or complete the online contact form for further information.

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Legal Advice Helpline: ☎ 1800 339 958


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