Best Probate Lawyers in Australia

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Foulsham & Geddes
Sydney, Australia

Founded in 1973
50 people in their team
English
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 legal expertise.Our Sydney lawyers practice in the areas of commercial law, property law, conveyancing, wills & estates, family law and...
Dwyer Durack Lawyers
Perth, Australia

Founded in 1915
50 people in their team
English
Providing timely and practical legal advice to Perth locals and Western Australians since 1915.Dwyer Durack retains a long-standing reputation as one of Western Australiaโ€™s most progressive and respected law firms. Since January 1915, our team of Perth based lawyers have provided a wide...
Carew Counsel Solicitors
Melbourne, Australia

Founded in 1983
50 people in their team
English
About usCarew Counsel Solicitors is a highly regarded family law practices in Victoria. We have 4 Accredited Family Law Specialists and have over 35 yearsโ€™ experience in the field. Operating in the Melbourne CBD on La Trobe Street our lawyers are always ready to help you with your matter. We have...
Di Lizio & associates
Hurstville, Australia

Founded in 1989
2 people in their team
English
Welcome to Di Lizio & AssociatesWe are a leading boutique legal firm conveniently located in Hurstville CBD. Our experience extends across a wide variety of legal fields including:Family Law and De Facto Relationships,Commercial Leases,Buying and Selling of...
Abetz Curtis
Hobart, Australia

Founded in 1987
50 people in their team
English
About usEstablished in 1987 by Roger Curtis in Hobart, Tasmania, Abetz Curtis Lawyers has grown to become the modern, progressive practice it is today, offering our clients a range of services across a broad spectrum of legal areas. Our lawyers understand the variety and complexity of legal issues...
Paynes Lawyers
Perth, Australia

Founded in 1982
3 people in their team
English
About UsWhen family relationships break down and a legal avenue becomes the only option open to resolve issues that arise, you need the services of a law firm that not only understands Family Law but also has the experience and empathy to set your mind at ease and guide you safely and securely...
Havilah Legal
Maylands, Australia

Founded in 1998
10 people in their team
English
About Havilah LegalFamily, Succession, Business & Litigation LawyersOur lawyers operate across a range of areas. These include Family Law and Deceased Estates and Inheritance, and Business Succession Planning, Litigation and Disputes. Our focus is on providing you, with reliable and strategic...
Michael Birch
Hurstville, Australia

Founded in 1987
2 people in their team
English
AboutMichael Birch graduated from Macquarie University in 1982 with a Bachelor of Arts and Bachelor of Laws degrees. Michael was admitted as a solicitor to the Supreme Court of New South Wales on 22 December, 1982 and the High Court of Australia on 11 February, 1983.He is currently undertaking...
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,...
Astuto Lawyers
Melbourne, Australia

Founded in 2015
25 people in their team
English
About UsDon Christie LLB (University of Tasmania)LLM and MTax (Monash) Graduate Diploma Securities Institute of AustraliaDon has extensive experience as a Lawyer and Public Company Director Working initially in private practice as an Associate at Wisewould Schilling and government practice with the...
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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.