Grant of Probate

While acting as an executor of an estate can be a rewarding task it can also be a complex, stressful and an expensive one if not handled appropriately. Pace and Associates Lawyers aim to make this often challenging and time-consuming process as simple and painless as possible.

When someone passes, they often leave behind assets and debts that will need to be managed and settled. In most circumstances, before assets of a deceased person can be distributed according to their Will, an Application to the Supreme Court of Victoria is required to be made to obtain a Grant of Probate, proving the Will is valid. After the Grant has been received, the executors will then have the authority to start calling in the assets of the estate.

Our office will clearly articulate the steps ahead and keep you well informed throughout the application for grant of Probate until the very end of disbursing funds to the beneficiaries and finalising the Estate.

Letters of Administration

There are two forms of letters of administration in Victoria being Letters of Administration (no will) and Letters of Administration with the Will annexed.

If there is no Will, a Letter of Administration will be granted to the appropriate person to act for the Estate. Usually, the person who stands to inherit the largest part of the estate needs to apply to be the official administrator. This person is often the closest relative to the person who passed away.

The people who the court usually grants a Letter of Administration to are:

• the spouse;
• one or more children or other next of kin if there are no children;
• a Trustee & Guardian, if there is no appropriate next of kin or they are unwilling to apply for the grant; or
• any other person the court thinks is fit.

Letters of Administration with the Will annexed is used where there is an issue with the appointment of executor under the deceased’s Will, usually either that the only named executor(s) have already died, or are unwilling to act in that role. In this case, the beneficiary with the greatest entitlement under the Will usually makes an application to be appointed as the administrator to administer the estate in accordance with the Will as if they were the original executor.

While our aim is on dispute prevention, we will also advise and guide you through disputes and litigation associated with estates. Please read our Wills & Estates Disputes page for further information.

Contact Pace & Associates Lawyers to schedule an obligation free consultation.