Blog

Category: Probate & Estate Administration


A guide to probate in Victoria

A guide to probate in Victoria

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.
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Time limits for family provision claims when contesting a Will

Time limits for family provision claims when contesting a Will

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.
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The risks of DIY probate

The risks of DIY probate

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.
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What happens if I die without a Will?

What happens if I die without a Will?

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.
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What happens if the original Will is missing or lost?

What happens if the original Will is missing or lost?

In this article, we look at your options if you’re the executor of an estate and the original Will is missing or lost.
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How to remove an executor or administrator of a deceased estate

How to remove an executor of a Will

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.
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Who is entitled to see your Will?

Who can see a person’s Will in Victoria?

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.
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Responsibilities, obligations and rights of an executor

The role of executor of a Will

We explain the role of your executor after your death, including their responsibilities and obligations and what you should consider when appointing an executor.
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What is an informal Will?

What is an informal Will?

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.
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What options are there to resolve disputes between executors to a deceased estate?

What happens when executors do not agree?

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.
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What is a Grant of Representation and do I need one as Executor to a deceased estate?

Grant of Representation when dealing with a deceased estate

A Grant of Representation is issued by the Supreme Court of Victoria and enables an executor to distribute the deceased estate assets.
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What happens to digital assets after I die?

What happens with your digital assets after death?

Digital assets, broadly defined as anything that is stored digitally, need to be considered in the event of a person's death. How do we go about that?
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