Wills and Probate

Charmaine Lim, Associate

Wills and Probate

Our lawyers have experience drawing up wills and acting for our client in probate matters, including contested probate applications.

 

Probate

Probate is a critical legal step needed before a person’s estate can be administered or distributed to the beneficiaries. It is a document issued by the court certifying the will is valid. It also confirms the appointment of an executor. There are two main types. Probate and Letters of Administration.

Why is probate needed?

A deceased person cannot continue to hold bank accounts, shares, real property, cash, superannuation or furniture. They can’t be employed or receive pension payments.

  • Probate starts the process of winding up all their affairs.
  • Probate makes the will legal

The court requires proof that the executor appointed in the will is alive, willing and competent to undertake the tasks involved. It determines the document is the last will made by the deceased. It also verifies that there are no objections to the will.

Why is probate important?

Without probate an executor does not have the authority to administer the estate. Without probate, an executor would not be able to transfer certain assets to beneficiaries.

What if there is no will?

When a person dies without a will, there is no executor appointed to administer the estate. In these cases, the next of kin usually have to apply for a document called ‘Letters of Administration’

What is Letters of Administration?

Letters of Administration is the court’s approval for someone to administer the estate of a person who dies without a will. In most instances this is granted to the next of kin of the deceased. This could be their spouse, their domestic partner or one of their children.

Our Expertise

Charmaine Lim, Associate

Wills and Probate

Our lawyers have experience drawing up wills and acting for our client in probate matters, including contested probate applications.

 

Probate

Probate is a critical legal step needed before a person’s estate can be administered or distributed to the beneficiaries. It is a document issued by the court certifying the will is valid. It also confirms the appointment of an executor. There are two main types. Probate and Letters of Administration.

Why is probate needed?

A deceased person cannot continue to hold bank accounts, shares, real property, cash, superannuation or furniture. They can’t be employed or receive pension payments.

  • Probate starts the process of winding up all their affairs.
  • Probate makes the will legal

The court requires proof that the executor appointed in the will is alive, willing and competent to undertake the tasks involved. It determines the document is the last will made by the deceased. It also verifies that there are no objections to the will.

Why is probate important?

Without probate an executor does not have the authority to administer the estate. Without probate, an executor would not be able to transfer certain assets to beneficiaries.

What if there is no will?

When a person dies without a will, there is no executor appointed to administer the estate. In these cases, the next of kin usually have to apply for a document called ‘Letters of Administration’

What is Letters of Administration?

Letters of Administration is the court’s approval for someone to administer the estate of a person who dies without a will. In most instances this is granted to the next of kin of the deceased. This could be their spouse, their domestic partner or one of their children.

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