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Probate and Letters of Administration

Estate Administration Lawyers

We understand how painful it can be to go through the difficulty of losing a loved one and having to go through the estate administration process alone. We are here to guide and assist you throughout the process and answer any questions you may have.

What you need to Know About Probate

What is Probate?

Probate is an order from Court that validates a deceased person’s Will.

Who Applies For Probate?

A person can only apply for probate if they have been named the executor in a person’s Will.

If you have been named the “alternate” executor, you can apply for probate if the primary executor is unable or unwilling to act.

Why is Probate Required?

Without a grant of probate, the executor is prevented from accessing and managing the assets of the estate under the deceased persons Will.

What If There Is No Will, Can I Still Apply for Probate?

If there is no Will (intestate), it is still possible to apply to the Court for authority to deal with the deceased person’s assets. In this case, rather than applying for probate, we apply for “Letters of Administration” – which is slightly more complex, however, the process operates in a similar way.

If you require assistance with the process for Probate or Letters of Administration, contact our estate administration team today.

Estate Planning Guide

Are you new to the estate planning process and not sure where to begin? Download our estate planning guide.

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Our Estate Planning Blogs and Podcasts

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In today’s world, sustainability has become more than just a buzzword. It has permeated every aspect of our lives, including how we say our final farewells to loved ones. Traditional burial methods, such as embalming and casket burials, are not only expensive but also have a significant impact on the environment. This has led to… Read More »Eco-Friendly Body Disposal: A Sustainable Approach to Final Farewells

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Family provision claims can often be complex and emotionally charged legal matters that arise after a loved one’s death. These claims allow certain individuals to seek further provision from the deceased persons estate, even if they were not adequately provided for in the Will. The Basics of Family Provision Claims Family provision claims, also known… Read More »Family Provision Claims – What You Need to Know

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In life, we often find ourselves juggling various responsibilities – work, family, finances, and planning the future. While it may not be the most pleasant topic to ponder, it’s crucial to think about what will happen to our loved ones and our hard-earned assets after we’re gone. One way to ensure your wishes are carried… Read More »The Importance of a Binding Death Benefit Nomination

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When it comes to estate planning, Wills play a crucial role in ensuring our assets and possessions are distributed according to our wishes after we pass away. These Wills often contain a list of beneficiaries who are entitled to inherit certain assets or properties. Legally speaking, a beneficiary is someone who has the right to… Read More »The Role & Rights of Will Beneficiaries

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Legal capacity refers to an individual’s ability to make sound decisions and understand the consequences of those decisions. In relation to estate planning, this includes making informed choices about beneficiaries, distribution of assets, and appointing agents or executors. It is essential to have a clear understanding of capacity to safeguard the validity and legality of… Read More »Capacity Concerns in Estate Planning

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An enduring power of attorney (EPOA) is an important legal document that appoints another person or persons to make crucial life decisions for someone if and when they lose capacity to make such decisions for themselves. While making an EPOA is particularly relevant for those of advancing years who may become vulnerable to conditions such… Read More »Understanding the Benefits of Creating an Enduring Power of Attorney

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In the context of estate planning, you may have heard of the term testamentary trust. In this podcast, PD Law Senior Associate, Elizabeth Smith, explains what testamentary trust is and the circumstances it is often used.

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I recently caught a shuttle from the airport to home. Business was obviously good for the bus company – the seats were all full and I found myself in the front passenger seat next to the driver. We chatted easily for the trip. She got to asking me what I did. I told her. Possibly out… Read More »The Value Proposition – What’s a Will really worth to you?

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We recently covered about 2500 kilometres on a family driving holiday. It was a long, long way, but we broke the trip up with a few sleep overs, the obligatory travelling games, and we took turns at playing DJ on Spotify. Complaints about my music were drowned out by volume. We also listened to a… Read More »There are lives at stake – stop being a fence sitter

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You’ve made your will, got it done, signed, safely stored in your lawyer’s strong room. What now? Although there’s no set time frame, we recommend an annual check up, and here’s why:  marriage and divorce – both can make an impact on your will  re-marriage and further children including step children  the birth of children… Read More »Lessons from the Death Star – When should I review my Will?

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“I went into business with your spouse, not you!” You’ve been in business with your good friend and close ally Mark for almost a decade, building a strong business together. You’ve survived the GFC, massive competition, and a couple of bad business decisions you’d rather forget. But you’ve both come through, and your business is… Read More »Business Wills – managing the silent partner !

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In today’s digital society, treasured memories and valuable assets are being  stored, uploaded and shared as part of everyday life.  Along with the photos we upload, our status updates, tweets, blog posts and emails, this wealth of personal information has combined to form what is now referred to as our “digital legacy”. It is becoming… Read More »Online Assets – Deciding who controls your digital legacy