Best Probate Lawyers in Australia

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Ryan Murdoch O’Regan Lawyers
Brisbane, Australia

Founded in 1973
100 people in their team
English
Ryan Murdoch O’Regan is a general law practice which is organised into teams of highly specialised experts in each of our areas of law. We understand your problems and are dedicated to achieving the best results and value for money for whatever type of matter you need assistance with....
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,...
Armstrong Lawyers Pty Ltd
Melbourne, Australia

Founded in 2000
4 people in their team
English
About usArmstrong Lawyers, based in Melbourne, provides a high level of service throughout Australia for businesses and individuals. The company is highly experienced in commercial litigation, agreements, employment, industrial relations, business buying and selling, franchising, and property...
Tierney Law
Hobart, Australia

Founded in 1982
50 people in their team
English
About usBig enough for a complete legal service, small enough for personal care. We can help you with your legal problems and help you to make the right decisions; whatever your problem, we can help. Tierney Law are committed to providing quality, efficient and friendly service for a fair fee. We...
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...
Patrick Liptak
Adelaide, Australia

Founded in 2001
2 people in their team
English
Patrick LiptakPrincipal LawyerPatrick has been in practice since 1997.He has a comprehensive background in all aspects of the law.His litigation expertise is extensive appearing on behalf of individuals and sporting organisations.Patrick provides quality legal advice with a view to resolving...
Simmons Wolfhagen Lawyers
Hobart, Australia

Founded in 2000
200 people in their team
English
Chinese
About usWe’re a long-established Tasmanian legal firm, with a modern attitude and progressive approach.The Simmons Wolfhagen philosophy is to use our wide experience and broad range of skills to provide an effective and personally-focused service for every one of our clients.Our team...
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...
Surge Legal
Baulkham Hills, Australia

Founded in 2000
10 people in their team
English
OUR DIFFERENCE MAKES US SPECIAL At Surge Legal we aim to do better than the rest and to provide greater affordability and accessibility of legal services through a more personal and progressive service delivery. We make your success and accomplishment our absolute main focus. Our culture...
Wallace Wilkinson & Webster
Hobart, Australia

Founded in 1976
16 people in their team
English
Our Firm Wallace Wilkinson & Webster is a leading Hobart-based legal practice providing specialist services in all areas of the law.From individuals and small business to some of Australia’s largest public companies, our clients include families, local businesses, banks and credit...
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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.

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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.