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Probate

Probate is the process of administering the estate of a deceased person. This includes collecting and managing the assets of the deceased, paying any debts and taxes, and distributing the remaining assets to the beneficiaries.

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Types of Probate Claims

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Whether you are an executor or administrator of an estate, we can assist you in obtaining a grant of probate, collecting and managing the assets of the deceased, and distributing the assets to the beneficiaries. We can also assist in contesting a will or resolving disputes between beneficiaries.

 

Our probate services include:

 

  • Obtaining a grant of probate or letters of administration
  • Collecting and managing the assets of the deceased
  • Paying debts and taxes
  • Distributing the assets of the deceased to the beneficiaries
  • Advising on inheritance tax implications
  • Resolving disputes between beneficiaries

Frequently Asked Questions on Probates:

What happens if the deceased did not have a will?

If the deceased did not have a will, their assets will be distributed according to the laws of intestacy in their jurisdiction. In this case, probate will still be necessary to administer the estate and distribute the assets to the next of kin.

Who can apply for probate?

The executor named in the will can apply for probate, or if there is no will, the next of kin or an appointed administrator can apply for probate.

How long does probate take?

The length of time that probate takes depends on the size and complexity of the estate, as well as any legal disputes that may arise. On average, probate can take six months to a year to complete.

Do all estates go through probate?

Not all estates go through probate. Whether an estate goes through probate depends on the size and nature of the assets involved and whether there is a valid will. If the estate is small or if all assets are held jointly with survivorship rights, probate may not be necessary.

Can probate be contested?

Yes, probate can be contested if someone challenges the validity of the will or the distribution of assets. Probate disputes can be time-consuming and costly, so it is important to have an experienced probate lawyer to advise you.

Can I avoid probate?

Probate can be avoided in some circumstances, such as through the use of trusts or joint ownership of assets with survivorship rights. An experienced estate planning lawyer can advise on the best options to minimise the impact of probate on your estate.

What are the costs associated with probate?

The costs associated with probate can include court fees, lawyer fees, and other miscellaneous expenses such as property searches and appraisal fees. The exact costs will depend on the size and complexity of the estate.

What makes our team the right choice for you?
  • Proven track record of success
  • Decades of experience
  • Caring and friendly team

 

Our experienced probate lawyers have a deep understanding of the legal and practical aspects of probate and can provide you with the guidance and support you need to navigate this complex process. Contact us today for a free consultation to discuss your probate needs.

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John
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John was involved in a serious motor vehicle accident due to another driver’s negligence.

Karina
Settlement of $575,000

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Karina was a single mother when involved in a motor vehicle accident that wasn’t her fault and suffered a number of injuries to her left shoulder, back and neck.

Steve
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Steve was a single father when he was knocked off his motorbike by a motor vehicle.

Grazyna
Settlement of $82,500

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Grazyna injured her foot when she stepped on uneven ground when leaving the premises of Casula Mall.

Elie
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Elie was an unemployed man showering at home in his rental property when some small wall tiles fell off and hit him in the left shoulder.

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Goran was in the course of his employment unloading a truck at someone else’s premises when he injured his shoulder and back.

Anne
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Anne was injured in a workplace accident.

Talia
Settlement of $440,000

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Talia was at work when a forklift reversed over her left foot.

Steve
Settlement of more than $710,000

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Steve suffered psychological injury when a work colleague fell off the bonnet of a car. Steve thought his colleague had been crushed. He hadn’t.

Gloria

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Gloria sat on a broken chair at a well-known fast food outlet causing minor injury.

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What makes our team the right choice for you?

  • Proven track record of success
  • No win, no fee
  • Decades of experience
  • Empathetic and patient team

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