Probate & Deceased Estate Administration
McNab McNab & Starke has a long standing and substantial profile in the area of deceased estates. The firm provides personalised, quality services in the administration of an estate.
When a loved one has passed away, his or her estate needs to be ‘administered’. This task is carried out by the person’s legal personal representative.
The role of legal personal representative is a responsible and sometimes onerous position and involves a number of tasks. At McNab McNab & Starke we guide you through the process and provide the necessary assistance to help make it as trouble free as possible.
Each State of Australia has its own laws and, whilst the laws of many States are similar, this website only details the law of Victoria.
- Grant of Representation
- Letters of Administration
- Intestate and partially intestate Estates
- Estate superannuation and taxation
- Assistance for beneficiaries of a Will
When is a grant of Probate or Letters of Administration needed?
A grant is usually needed whenever some formal or important step needs to be taken on behalf of the estate of a deceased person. This varies from estate to estate. A grant will always be needed if the deceased person had real estate in his or her sole name, or other substantial assets in his or her own name.
We can't find the original Will
Simply because the original Will cannot be found does not mean that the Will fails. If it was last seen in the hands of the deceased, a Court might take the view that the Will was cancelled by the deceased destroying it. That is not always the case though, for example the Will might not have been in the possession of the deceased when it was lost. The answer depends very much on the specific circumstances. If a photocopy of the Will is available the administration of the estate can sometimes proceed based on the terms of the photocopy.
Can I see a copy of the Will?
Many people have a right to see the Will of a person who has died. The circumstances vary depending on the relationship of the deceased to you, when the deceased died and when the Will was made. We can give advice on your specific circumstances. Once the Will is lodged with the Registrar of Probates and a grant made it becomes a public document and can be inspected at the Registrar’s office. Sometimes time is important and it is better to lodge a caveat at the Registrar’s office and obtain a copy of the Will once the Registrar lets you know that the grant application has been lodged. Lodging a caveat is not a step to take lightly and should only be done if you have consulted us about your position first.
The executors won't tell me what is happening in the estate, what can I do?
If you are a beneficiary of the Will you are entitled to know the progress of the administration and to be provided with accounts by the executor. Often though executors do not provide this information and if a beneficiary is concerned then the executors can be made to comply with their obligations.
The executor seems to be taking a long time to apply for a grant, can I do anything?
You can bring an application in the Court for the executor to show cause why he or she should not be replaced with another person to administer the Will. The administration of an estate cannot be held up simply because an executor fails to start his or her task.
What does this word mean and how does it affect me?
We can help
We will respond within the next business day. You can also call 03 9670 9691.