Best Probate Lawyers in Australia

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Owen Hodge Lawyers

Owen Hodge Lawyers

Sydney, Australia

Founded in 1951
55 people in their team
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...
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
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
Crystal Lawyers

Crystal Lawyers

Perth, Australia

Founded in 2017
1 people in their team
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,...
English
Home Visit Wills

Home Visit Wills

Subiaco, Australia

Founded in 2000
10 people in their team
Why use Homevisitwills to help you organise your Will?Making a Will is easy and fastConvenience – our Representatives visit you at homeWe have...
English
Wallace Wilkinson & Webster

Wallace Wilkinson & Webster

Hobart, Australia

Founded in 1976
16 people in their team
Our Firm Wallace Wilkinson & Webster is a leading Hobart-based legal practice providing specialist services in all areas of the law.From...
English
Greg Smith & Co

Greg Smith & Co

Wynyard, Australia

Founded in 2000
5 people in their team
About UsEstablished in 2000 following a name change of a firm which has been on site since 1970, Greg Smith & Co has focused on continuing the...
English
Brand Partners

Brand Partners

Melbourne, Australia

Founded in 1989
50 people in their team
About usUnderstanding where clients need to go and getting them there. That's what defines our firm Brand Partners is a long established...
English
Armstrong Lawyers Pty Ltd

Armstrong Lawyers Pty Ltd

Melbourne, Australia

Founded in 2000
4 people in their team
About usArmstrong Lawyers, based in Melbourne, provides a high level of service throughout Australia for businesses and individuals. The company is...
English
Anvil Legal

Anvil Legal

Perth, Australia

Founded in 2012
10 people in their team
HISTORYMy name is Brett Owen & I am the founder and Principal Lawyer here at Anvil Legal.To give you an idea of why we focus on workers’...
English
AS SEEN ON

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.