PROBATE
Executing you loved ones Will
When a person is deceased, they leave behind their ‘estate’ which is made up of their assets, property and / or debts. If the deceased person has a valid will, the executor named, will be responsible for ensuring that their debts are paid and any assets are distributed in line with the deceased’s requirements in the will.
If the deceased person does not have a valid will, the deceased’s next of kin will usually be appointed the administrator of the estate and responsible for ensuring that their debts are paid and any assets are distributed inline the laws of intestacy.
It is important to note that this may not always be in line with the deceased persons wishes which is why it is important to have a valid will in place.
A Grant of Probate is essentially a certificate issued by the court that grants the executor appointed in the deceased persons will the right to deal with the deceased persons estate in line with their wishes in the will. A Grant of Probate legally validates a deceased persons will.
When a deceased person does not have a valid will the next of kin / State Trustees can apply for Letters of Administration. This is a certificate issued by the court to allow someone to administer the estate.
Grant of Probate and Letters of Administration are highly technical areas of the law. The smallest error or mark in the will could require further explanation or a supporting affidavit.
Grant of Probate and Letters of Administration are also required during an emotional time for many family members with the passing of a loved one. Our professional staff will guide you through each step of the process to ensure you feel supported.
You can book an appointment with one of our professional staff by calling us on (03) 97498799 or emailing us at info@wyndhampartners.com.au
What
is Probate / Intestancy?
When
do I need a Grant of Probate or Letters of Administration?
What
should I do if I need a Grant of Probate or Letters of Administration?
