Leyton-Palma Lawyers appreciates it is a difficult time when a loved one passes away and that person often leaves behind property, assets and sometimes debts that need to be dealt with by their appointed executor for the benefit of the beneficiaries listed in the will . That’s when Leyton-Palma Lawyers is able to assist clients with the estate of a deceased. We are committed to providing our clients with unparalleled legal services, supporting them through the emotionally distressing period following the death of a loved one.
Our lawyers work to ensure executors are given the proper legal approval to continue and complete their work settling an estate according to the terms and conditions stated in the Will.
When somebody dies, their assets become part of their ‘estate’. In order to pass those assets to the beneficiaries, a person usually needs to be appointed to manage the assets, sell assets to pay the deceased person’s debt, and transfer the remaining assets to the persons who are entitled to them.
This usually requires an application to the Supreme Court of Victoria to obtain a grant of representation to administer the estate. There are two basic types of grant:
- A grant of probate: where the deceased has made a valid will that appoints an executor;
- A grant of letters of administration: where the deceased didn’t make a Will, or their Will doesn’t appoint an executor who is able to act. In this case, the Court will appoint an administrator to manage the estate.
The reason a grant is required is to prove to the world that the Will is valid, or if there is no Will, that the administrator is legally authorised to deal with the estate. In this way, a grant protects the family member who is acting, and protects anybody who now has control of the deceased person’s assets.
In some instances, you don’t need a solicitor to apply for Probate when the application is straightforward. And in many cases it is. The challenging part, however, is navigating the complicated forms, filling them out correctly and arranging all the necessary documents for lodgement to the Probate Office at the Supreme Court of Victoria.
We do do the tricky paperwork and processes for you. We assist you with:
- Collecting all property and assets
- Paying any debts
- Distributing the assets according to the Will
Where there is a valid Will, the estate is finalised by the executor, or executors (where more than one is appointed). Often, this process begins with applying for Probate.
Where there is no valid Will, the deceased’s closest next-of-kin can finalise the estate. This process may involve applying for Letters of Administration.