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Legal Advice Helpline: ☎ 1800 339 958


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. Our specialist will dispute solicitors deal with contested probate and challenges to wills. If you require legal advice or representation in a disputed estate matter, complete the online contact form or call our free helpline. This is an obligation-free service.

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. Should an estate dispute arise during or after the application for a grant, contact our probate dispute solicitors to see how they may be of assistance.

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. Complete the online contact form for further information.

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Legal Advice Helpline: ☎ 1800 339 958

This website operates by way of referral to specialist solicitors who may pay a commission to the operator upon receiving client contact information. The owners of this website are not engaged in legal practice.