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.
Probate is the process of officially proving the validity of a Will in deceased estate matters. The executor is the person who makes the probate application to the Supreme Court of Victoria. This guide to the probate application process is particularly helpful if you are the executor of a deceased estate.
There are strict time limits that apply for an eligible person to contest a Will. This blog explores what a family provision claim is, the time limit for an applicant to bring a claim against an estate, and factors that the court will take into consideration when determining whether that time limit should be extended.
DIY probate may seem like an attractive cost-saving option after the death of a loved one but it may also pose significant risks. We explore some of those risks and the ways in which you can minimise them when applying for a Grant.
Having a valid Will enables you to decide who receives your estate after you die. If you die without a valid Will, the law decides who gets your assets. This is referred to as the laws of intestacy.
In Victoria, an executor of a Will or administrator of an estate can be removed from the process of administering a deceased estate if they are considered unfit for their role or have not administered the deceased estate properly.
In this article, we look at who is entitled to see a Will of a deceased person, how they access that Will and their legal recourse if access to the Will is being obstructed.
We explain the role of your executor after your death, including their responsibilities and obligations and what you should consider when appointing an executor.
An Informal Will is a document that doesn’t strictly satisfy the legal requirements for a valid Will under the Wills Act (Victoria). Invalid Wills can present problems at probate but in some circumstances, they can still be admitted to probate by the Supreme Court.
We look at disputes between executors in a Will and how those disputes can be dealt with to enable the application for a Grant of Probate and the administration of the estate to move forward and be finalised.