Probate and Letters of Administration

Contact us if you need a Grant of Probate or Letters of Administration

A Grant of Probate (where there is a Will) or Letters of Administration (where there is no Will) is often the first step required to administer an estate.  Our team can assist you step by step through the process.

What is a Grant of Probate?

If you are named as the Executor of a Will, you may need to apply for a Grant of Probate. This is the court’s official recognition that the Will is legally valid, and you’re authorised to deal with the estate. It will also provide you with protection from liability in circumstances where a later Will is found.

What is a Grant of Letters of Administration?

If there is no Executor appointed or the Executor is not able or willing to act, another eligible person may apply to the Court for a Grant of Letters of Administration. This person could be, for example, a spouse, defacto spouse, child or next of kin. Each State has its own set of rules as to who is the person entitled to become the Administrator of the estate.

What are the steps involved in obtaining a Grant of Probate or Letters of Administration?

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Initial Consultation & Assessment

We'll meet with you to obtain all of the necessary details to prepare your application.

Preparation & Documents

We'll review all relevant documents and obtain the original Will (if any) and the original death certificate.

Advertisement

We will advertise your intention to apply for a Grant in the relevant publication and notify any relevant statutory bodies.

Execution of Documents

We will prepare the necessary documents for you to sign before filing with the Court to obtain the Grant.

No win, no fee*

We understand that the financial burden of legal proceedings can be a significant concern when considering challenging a Will. That's why we offer our services on a No Win No Fee* basis, allowing you to pursue your rightful entitlement without upfront legal costs.  This means you only pay our fees if we successfully resolve your case in your favour.

*Conditions apply

FAQ

It is necessary to wait 14 days after the advertisement is placed before lodging the application with the Court.

When can I apply for a Grant?

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How long does it take to obtain a Grant?

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Contact us for an obligation free consultation

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Services

Securing your rightful inheritance is our priority. Our experienced team offers a full range of legal services to help you achieve the best possible outcome.

Contested Wills

Let our experienced team navigate the complexities of contesting a Will for you. We provide comprehensive legal services, including gathering evidence and representing you in mediation and court to achieve the best possible outcome

Estate Administration

It is often daunting being appointed an Executor or Administrator and not knowing where to start. Our team will walk you through the process in detail so you understand what needs to be done and help you to prioritise each matter to be addressed

Estate Planning, Wills and Appointing an Attorney and Guardian

Our estate planning service is more than just preparing a will. We consider your superannuation, life insurance, corporate structures and your succession plan for business arrangements. We specialise in rural intergenerational family rearrangements. Our extensive litigation experience enables us to advise you so that you can minimise the risk of your estate being contested

Elder Financial Abuse

Everyone deserves to be treated with respect and not be financially taken advantage of

Constructive Trust Claims

A Constructive Trust can arise where it can be shown that there was a mutual intention (or a ‘promise’) between you and another person, that you would have some interest in property and that you have relied upon this promise to your detriment.