Best Probate Lawyers in Australia

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Astuto Lawyers

Astuto Lawyers

Melbourne, Australia

Founded in 2015
25 people in their team
About UsDon Christie LLB (University of Tasmania)LLM and MTax (Monash) Graduate Diploma Securities Institute of AustraliaDon has extensive experience...
English
Di Lizio & associates

Di Lizio & associates

Hurstville, Australia

Founded in 1989
2 people in their team
Welcome to Di Lizio & AssociatesWe are a leading boutique legal firm conveniently located in Hurstville CBD. Our experience extends across a...
English
Furler & Co

Furler & Co

Clare, Australia

Founded in 2016
25 people in their team
Tania Furler BEd LLB (Hons) GDLPTania Furler is the Principal Solicitor of Furler & Co Barristers  and Solicitors. Tania graduated with a...
English
Composite Law

Composite Law

Perth, Australia

Founded in 2014
10 people in their team
The FirmComposite Law is a commercial law firm based in Perth, Western Australia.A specialised litigation practice, our focus is on assisting...
English
J. King & Associates

J. King & Associates

Melbourne, Australia

Founded in 1999
25 people in their team
About Us Jamie King2019 to presentMember of the Law Institute Commercial Litigation Advisory Committee.2002Graduated as Master of Commercial Law...
English
Napoli Robert & Co

Napoli Robert & Co

Hornsby, Australia

Founded in 1978
50 people in their team
About our FirmRobert Napoli & Co. was established in 1978 and since that time has been providing clients with a high standard of legal services...
English
Foulsham & Geddes

Foulsham & Geddes

Sydney, Australia

Founded in 1973
50 people in their team
Your lawyers through thick and thin since 1973.Foulsham & Geddes is a well respected general commercial law firm in Sydney with a broad range of...
English
Bell Lawyers

Bell Lawyers

Penrith, Australia

Founded in 1984
10 people in their team
About UsBell Lawyers was established in Penrith in 1984 and since that time has been providing quality legal services to the people of Western Sydney...
English
McInnes Wilson Lawyers

McInnes Wilson Lawyers

Brisbane, Australia

Founded in 1975
200 people in their team
ABOUT MCINNES WILSON LAWYERS  For over 45 years, McInnes Wilson Lawyers has been dedicated to providing quality advice that protects...
English
Peaston Legal Pty Ltd

Peaston Legal Pty Ltd

Wahroonga, Australia

Founded in 2016
10 people in their team
The principal of Peaston Legal Pty. Ltd. is David Peaston. A member of the Law Society of New South Wales, he is a solicitor with extensive...
English

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.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.