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Probate

When someone passes, it can be a daunting process to be responsible for finalising the deceased person’s affairs and distributing their assets. Whether the estate is simple or complex, we are here to guide you through this process.

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Probate

In certain circumstances, an executor will need to apply for Probate. Probate is usually necessary if the property is held in the sole name of the deceased or where a financial institution requires Probate before they will release the deceased’s assets. 

A Grant of Probate means that the Supreme Court has formally approved the Will of the deceased. This formal approval allows the executor to collect the deceased’s assets, arrange payment of the deceased’s debts and then distribute the estate to the beneficiaries.
We will also keep you well informed about the costs involved throughout this process.

Letters of Administration

If the deceased person did not leave a valid Will, we can assist a family member to obtain a Grant of Letters of Administration.

An application for Letters of Administration is usually made by a deceased person’s surviving spouse, children, parents or siblings.

In some circumstances, it may not be necessary to obtain a Grant in relation to the deceased person’s estate. We will let you know if this is the case for your matter.

Administering the Estate

Once the Grant is obtained, we will provide you with detailed advice about how to administer the estate in the most efficient and cost-effective way.

Learn more about Specialist Grants below.

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Specialist Grants

In certain circumstances, a specialist grant is required. Where required, we can assist you with obtaining the following:

  • Bringing an action in the Supreme Court to determine the proper construction of a Will or testamentary document
  • Grant of Probate of an ‘informal Will’. An informal Will is a document that the deceased person intended to be their Will. A handwritten note, email, computer file, video recording, voicemail, text message or anything on which there is writing or from which writing can be reproduced are examples of documents that may constitute an informal Will
  • Grant of Probate of a copy Will or reconstructed Will (i.e. where the original Will is proved to be missing or destroyed)
  • Grant of Probate in Solemn Form (usually required when there is a dispute about the Will being valid on the basis that there was suspicious circumstances at the time the Will was made)
  • Letters of Administration ad colligenda bona (which means “collecting and preserving deceased's goods”. This type of grant is usually only used in emergency situations to appoint an Administrator to deal with property that is subject to waste or danger)
  • Letters of Administration de bonis non (which means “of goods not administered”. This type of grant is usually only used when the sole Administrator cannot be located or dies during estate administration or in circumstances where an Executor dies breaking the chain of representation)
  • Grant durante minore aetate (A type of grant used in circumstances where the Executor named in the Will is a minor)
  • Letters of administration durante absentia (Used when the Executor is out of the State for more than 1 year from the date of death)
  • Letters of Administration pendente lite (Used to enable the due administration of the estate during court proceedings)
  • Letters of Administration ad litem (Used when the estate is required to be represented in court proceedings)
  • Letters of Administration durante dementia (Used if the Executor cannot act due to mental incapacity) 

Get in touch to see how we can assist you through Probate.

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JOHN AND SUSAN BOYLE, ESTATE PLANNING CLIENTS

"I couldn’t recommend Kirsty highly enough. What could have been a really overwhelming process was made simple and streamlined. Kirsty’s wealth of knowledge and expertise in wills & estates is second to none and we feel so comfortable knowing our assets & children are protected.”
Rayners Lawyers Specialising in complex wills and small business law
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