Probate

Article by:
Peta Griffiths
Sam Hemachandra

No one ever wants to have to go through the Probate process.
It is difficult enough to say that final goodbye to a friend or loved one without then having to deal with the practical aftermath of their passing. Our experienced team at FourLion Legal can assist you with applying for a Grant of Probate and handling the Estate administration from beginning to end.

If a valid Will with a nominated executor exists and the Estate is simple, then the Probate and Estate administration process should be relatively straightforward. Unfortunately, these processes can often become complicated with competing interests and legal issues arising unexpectedly.

Our experienced and compassionate team at FourLion Legal understand your circumstances and are here to assist and guide you through this process, whether it is to:

  • provide advice on deceased estate administration;
  • apply for a Grant of Probate;
  • handle requisitions by the Court; or
  • if appropriate, apply for Letters of Administration

Letters of Administration

Probate and Letters of Administration are legal documents evidencing the Executor’s or Administrator’s authority to deal with the assets and liabilities of the deceased person (the Estate). Financial institutions, Landgate, utility suppliers and share registries may refuse to allow any dealings in relation to a person who has passed away without one of these documents.

In situations where a Grant of Probate is not possible (ie if there is no valid Will), an appropriate person may apply to the Court for Letters of Administration in order to administer the Estate. This process can be far more complex and time consuming.

It is important to be aware that there is a legal responsibility for the Executor or Administrator to administer the Estate according to law. Our experienced team at FourLion Legal will be able to guide you through the various application processes, assist you with all aspects of administering an Estate and provide you with comprehensive advice as to your fiduciary duties.