Our experienced business advice lawyers can help you choose the best structure for your business both now and in the future.
What is Probate?
Even if your loved one passes away with a will, a Grant of Probate may be required. This is where you ask the court to say their will is valid. Probate gives the executors the ability to look after the estate, distribute financial assets to the beneficiary or beneficiaries and follow through with the wishes the deceased laid out in their will. It can also help the executor if there is any litigation over the will.
You don’t always need to obtain a Grant of Probate, particularly if the deceased’s assets aren’t of high value. If the deceased didn’t leave a will, you may need to apply for a Grant of Letters of Administration instead.
If you’re not sure if probate is needed or are confused about the process, our wills and probate lawyers can help you. We have solicitors located in Melbourne and Ballarat.
What if there was no will or the will isn’t valid through probate?
If your loved one passed away without a will or a court determines that their will isn’t valid, the executor will need to apply for Letters of Administration. Letters of Administration are granted by a court and give the executor/s the ability to manage the deceased’s estate. A solicitor can help you with your application, and a lawyer can also explain the process so that you understand what you need to do.