Supporting families with empathy & precision
Probate & Deceased Estates
A personal approach to honouring life
Helping you make the right decisions
Losing someone you love is one of life’s most challenges moments. And trying to manage legal matters whilst you grieve can feel overwhelming; we’re here to take that pressure off you.
Whether you’re named as an executor in the will or managing an estate without one, our team will lift the burden and guide you through every legal decision with care and understanding.
From obtaining the necessary Supreme Court authority to asset distribution, we handle technical complexities so you can focus on what matters most. Our fixed fee and specialised service provides clarity and certainty, ensuring the estate is administrated efficiently and appropriately.
Allow our team to take care of the legal complexity, so you can take care of yourself and your family.
Sometimes the hardest part is knowing where to start.
With compassion and considered advice, we make it easy for you when times are tough.
Our Expertise
Grant Applications
Grants of probate
Letters of Administration (with Will annexed)
Proving an informal or lost Will
Special & Limited Grants
Urgent Grants
Reseal of Grant
Estate Administration
Advice in relation to executor’s rights & obligations
Collecting & securing the estate assets
Payment of estate liabilities
Beneficiary communications
Advice in relation to establishing & managing
testamentary trustsEstate distribution
Administration accounts & records
Superannuation death benefit payments
Administration of estates with related trusts &
self-managed superannuation
Complex Estates
Will interpretation & Rectification Applications
Preventing others from obtaining a Grant
(probate caveats)Compelling an executor to obtain a Grant
Seeking judicial guidance on complex estate matters
Revocation of a grant
Executor’s commission claims
Cy-près applications
Frequently
Asked Questions
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Before a probate application can be filed with the Court, certain steps must first be undertaken. This includes locating the original will, obtaining an official death certificate, publishing an advertisement on the Court’s website of the executor’s intention to apply, gathering the required estate information (including asset and liabilities details) and preparing the application. Often, this process can take a number of weeks.
Once the probate application has been filed with the Court, the Court will usually process the application and issue the grant within 5-10 business days. In some cases, the Court may request further information which may delay the process.
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The executor’s main responsibilities include attending to the deceased’s funeral arrangements, applying to obtain a grant of probate (if required), collecting and preserving the assets of the estate, liaising with the beneficiaries of the estate, and distributing the estate in accordance with the Will. The executor is also obliged to ensure the estate taxation matters have been addressed as part of the process.
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If the deceased has not left a valid will, their closest relatives (who are entitled to share in the deceased’s estate) usually make the application for a grant of letters of administration. Following that, the estate will be distributed according to the laws of intestacy set out in the Administration and Probate Act 1958. Depending on the deceased person’s circumstances, this can sometimes result in their estate passing to unintended beneficiaries. This is why it’s important to have a valid will, to ensure your estate is distributed in accordance with your wishes and the circumstances of the beneficiaries.
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Whilst there is no requirement for you to use a lawyer to apply for probate and complete the estate administration, it is generally recommended that appropriate legal advice and assistance is obtained to ensure a smooth process so the executor obtains appropriate advice regarding their obligations, particularly if the estate is not administered correctly, as it could result in personal liability for the executor. A lawyer can also minimise the administrative burden imposed on executors by undertaking most, if not all, steps required in the administration of the estate.
