Whether you’re managing the estate of a deceased loved one or performing a professional role for a large family fund, retaining experienced estate administration lawyers will provide clarity and help you make all the correct decisions. You can rely on our knowledge, experience and efficiency to give you peace of mind by knowing the estate is in the safest of hands.
Estate Administration Lawyers
Obtaining Probate of Will
The person administering a deceased person’s will usually require the legal authorisation of the Supreme Court before any assets can be collected or distributed. This authority is referred to as the grant of probate of the will. In Australia, most banks and financial institutions will not release the balance of a deceased person’s bank account - other than for small balances - until probate has been obtained.
The person named as executor of the will is usually responsible for applying for probate.
If the person named in the will as executor has died or is unwilling to act, someone else can apply to the court for a grant of "letters of administration" i.e. authority to administer the will. (See below).
If you require a court order - either probate or letters of administration - our estate lawyers can assist you with all aspects of probate law.
There are some circumstances in which probate won’t be required. These include:
If the deceased person’s estate is relatively small
For transfer of particular real estate to a beneficiary if provided for in the will
transfer of the deceased's share in an asset to the surviving joint owner.
Our estate lawyers can determine whether you need probate for letters of administration.
Letters of Administration
If a person passes away without a valid will, a family member or next of kin can apply to the court for authority to collect and distribute their assets. Such authority is called "letters of administration on intestacy" and is issued by the Supreme Court. Banks will require letters of administration to be obtained before they will release any bank funds from the deceased's accounts, in these circumstances.
Where there is a will but no executor named or able to act (eg they have died or do not want to act), someone else can apply to the court for “letters of administration with the will” instead of the grant of probate that is given to an executor.
The court will grant letters of administration to a spouse or child of the deceased or even someone to whom the deceased owes money.
If the person named in the will as executor has died or is unwilling to act, someone else can apply to the court for what would have been, had the executor applied for it - a grant of probate. In this instance, however, grant issued is also a grant of letters of administration. This includes advice on the best course to take and preparing the necessary documentation which can be confusing to navigate otherwise.
