Best Probate Lawyers in Australia

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Bold Lawyers
Hobart, Australia

Founded in 2004
10 people in their team
English
About usBold Lawyers know that experience and great results are important. Just as important is the amount of money charged by your lawyer to achieve the result you want. Your legal fees can and should be reasonable no matter how big or small your case is.Depending on the agreement that you sign...
City Lawyers & Consultants
Chatswood, Australia

Founded in 2001
10 people in their team
English
About Us We are a Sydney based law firm providing service to clients across NSW. Our senior lawyers have knowledge and expertise to resolve claims cost effectively so our clients could receive substantial payouts.We achieve bigger compensation amounts for our clients because the claims in our...
Owen Hodge Lawyers
Sydney, Australia

Founded in 1951
55 people in their team
English
Owen Hodge Lawyers is a top tier law firm that Sydney residents rely on. We commenced providing legal services to the St George and Sutherland communities in 1951. Since then our firm has grown considerably, developing a reputation for quality legal services, value for money and a strong...
Beger & Co Lawyers.
Adelaide, Australia

Founded in 1997
25 people in their team
English
Experienced, skilled and caring legal adviceAdelaide Lawyers who are experienced, skilled and caring. Read our Reviews to find out why our clients recommend us to their friends and family. Call us for a free consultation to discuss your matter on a no obligation basis.Popular Legal...
Napoli Robert & Co
Hornsby, Australia

Founded in 1978
50 people in their team
English
About our FirmRobert Napoli & Co. was established in 1978 and since that time has been providing clients with a high standard of legal services and advice. Sadly Robert Napoli passed away in July 2020, however Robert's wonderful legacy of kind and attentive service to clients continues...
Brand Partners
Melbourne, Australia

Founded in 1989
50 people in their team
English
About usUnderstanding where clients need to go and getting them there. That's what defines our firm Brand Partners is a long established Melbourne-based firm, working Australia-wide. We are a highly sophisticated commercial law firm that is not saddled with the institutional conflicts that large,...
Crystal Lawyers
Perth, Australia

Founded in 2017
1 people in their team
English
About Val AntoffI am an experienced Wills and Estates lawyer and aim to give legal advice and services to my clients in a way that’s accessible, convenient and uncomplicated.I’ll always do my best to help you with your legal needs giving you knowledge, confidence and positivity.When it comes to...
MST Lawyers
Mount Waverley, Australia

Founded in 1950
200 people in their team
English
ABOUT MST LAWYERSMST Lawyers is a progressive law firm comprising some 60 dedicated Lawyers and support staff. MST has grown from a small firm originally founded in the 1950s, into a dynamic mid-tier commercial and private client legal practice.Our clients include individuals, entrepreneurs and...
Galbally & O'Bryan
Melbourne, Australia

Founded in 1935
15 people in their team
English
Founded in 1935, Galbally & O’Bryan is one of Victoria’s leading law firms. We have a reputation for providing ethical, high-quality personal legal services, and access to justice for all of our clients.Our success over the past 80 years has been built on the calibre of our individual...
Composite Law
Perth, Australia

Founded in 2014
10 people in their team
English
The FirmComposite Law is a commercial law firm based in Perth, Western Australia.A specialised litigation practice, our focus is on assisting clients resolve commercial disputes as quickly and cost-effectively as possible.We provide timely and commercially focused advice on nearly any legal...
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About Probate Law in Australia

Probate is the legal process of proving and registering the last will of a deceased person. It ensures that the deceased person's assets are distributed according to their wishes as outlined in their will. In Australia, each state and territory has its own regulations governing probate, so it's essential to understand the specific laws in your area.

Why You May Need a Lawyer

There are several situations where you may require the assistance of a lawyer in probate matters. These include disputes between family members regarding the distribution of assets, contested wills, complex estates, or if you are unsure about your legal rights and obligations during the probate process. A lawyer can provide expert guidance and help navigate through the complexities of probate law.

Local Laws Overview

Key aspects of probate law in Australia include the requirement for the executor named in the will to apply for probate, the need to notify beneficiaries and creditors, the distribution of assets according to the will, and potential challenges to the validity of the will. Each state and territory may have specific requirements, so it's important to consult with a lawyer familiar with the laws in your area.

Frequently Asked Questions

1. What is probate?

Probate is the legal process of proving and registering the last will of a deceased person.

2. Who can apply for probate?

The executor of the will is usually the person who applies for probate. If there is no executor named or the named executor is unable to apply, other eligible individuals may apply.

3. How long does probate take?

The timeframe for probate can vary depending on the complexity of the estate and any potential challenges. On average, probate can take several months to complete.

4. What happens if there is no will?

If there is no will, the deceased person's assets will be distributed according to the laws of intestacy in the applicable state or territory.

5. Can a will be contested?

Yes, a will can be contested on various grounds, such as lack of testamentary capacity, undue influence, or fraud. It's important to seek legal advice if you believe a will is invalid.

6. What are the duties of an executor?

The executor is responsible for administering the estate, including gathering and valuing assets, paying debts and taxes, distributing assets to beneficiaries, and applying for probate.

7. Do I need a lawyer for probate?

While it's not a legal requirement to have a lawyer for probate, it is highly recommended, especially in cases of complex estates or disputes among beneficiaries.

8. How much does probate cost?

The cost of probate can vary depending on the size and complexity of the estate. It may include court fees, legal fees, and other expenses related to administering the estate.

9. What assets are included in probate?

Assets that are solely owned by the deceased person are typically included in the probate process. This may include real estate, bank accounts, investments, and personal belongings.

10. How can I challenge a will?

If you believe a will is invalid, you can challenge it through the courts by filing a formal claim. Grounds for challenging a will may include lack of testamentary capacity, undue influence, or fraud.

Additional Resources

For more information on probate law in Australia, you can consult the respective state or territory courts, legal aid organizations, or the Law Society of Australia. These resources can provide valuable guidance and support for individuals in need of legal assistance in probate matters.

Next Steps

If you require legal assistance in probate matters, the best course of action is to consult with a qualified probate lawyer in your area. They can provide expert advice tailored to your specific situation and help you navigate through the probate process with confidence. Don't hesitate to seek legal help if you are unsure about your rights and obligations in probate law.

Lawzana helps you find the best lawyers and law firms in Australia through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Probate, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Australia - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.