Blog
Category: Probate & Estate Administration
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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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 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 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
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
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?
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?
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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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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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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