Blog
What happens if an executor or beneficiary of a Will can’t be found?
When a person passes away and leaves a Will, the executor is responsible for applying for a Grant of Probate and distributing the estate. This process can be relatively straightforward if the executor and all the beneficiaries of the estate are readily available and cooperative. But what happens if an executor or beneficiary cannot be found?
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6 things to know before applying for probate
A Grant of Probate ensures that the Will is valid and that the estate is distributed according to the deceased's wishes. The application process can be daunting and complicated for an executor and knowing where to begin can make the world of difference.
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Probate office fees in Victoria
If you’re the executor of a Will, or you’re seeking to become an administrator of an estate where the deceased left no Will, it’s important to be aware of the probate office fees associated with applying for a Grant of Probate or Letters of Administration.
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Preparing for successful child changeover arrangements
In family law parenting matters, the Court can make parenting orders about how your child moves between their time with one parent to the other. This process is called ‘changeover’. Court orders may include where changeover is to take place and at what times.
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The 6 month rule – executors should wait 6 months before distributing a deceased estate
Distributing a deceased estate can be a relatively straightforward process, and if the estate is not complex and there are no unusual factors, it can be completed in a relatively short time frame. However, before the executor can begin distributing the estate, there are a few things they must consider.
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What to expect from your first appointment with a probate lawyer
Knowing how to prepare for an initial appointment with a deceased estates lawyer will help minimise stress and ensure the process of probate progresses efficiently and effectively.
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Making your family law financial agreement legally binding
In family law matters, the law treats financial agreements made between all separated couples the same, regardless of marital status. We explore the purpose of financial agreements in family law, and importantly, how to make them legally binding.
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When is probate not required in Victoria?
A Grant of Probate or a Grant of Letters of Administration are the two ways in which a person can obtain a Grant of Representation. However, there are occasions when a Grant of Probate is not required, or not appropriate.
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Tasks for the executor after probate is granted
Probate is the process of the Court confirming that the Will is valid and the executor may distribute the assets of the deceased estate. Once probate is granted, the executor needs to attend to several steps before distributing the assets as outlined in the Will of the deceased.
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How does mediation work in family law matters?
When the issues in question are as important as your children, wellbeing, or home, it is important that you are at the forefront of the decision-making process. Mediation is one of several alternative dispute resolution processes in family law which can provide a forum for both parties to negotiate their options and reach an agreed resolution.
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How long does probate take in Victoria?
The timeframe for probate in Victoria can vary, depending on a number of factors. Generally, the official Court process of granting an application for a Grant of Probate, assuming the application is complete and accurate, will be 1-4 weeks. However, there are other matters that can delay probate.
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A guide to family law Consent Orders
Although there is no legal requirement to formalise agreement about parenting arrangements or property settlement, sometimes parties might prefer to make their agreement legally binding. Consent Orders are a way in which parties can formalise any agreement they have reached with their ex-partner.
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