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Probate law in Epping, Australia is mainly concerned with the legal processes that come into play after a person's death. It involves the administration of a person's estate to ensure their assets are distributed according to their will. If no will exists, the estate distribution is based on legal protocols outlined by Australian law.
Legal help may be required in Probate under several circumstances, such as validating a loved one's will, distributing assets of an estate, or handling disputes or complexities related to the deceased person's assets. In addition, Probate lawyers can help in cases where the deceased did not leave a will behind, effectively making it a 'dying intestate' situation.
In Epping and across Victoria, the Probate law outlined in the Administration and Probate Act 1958 is followed. Key aspects include the necessity of a grant of Probate from the Supreme Court of Victoria to be able to deal with a deceased person's assets. The court examines the will for validity and, if approved, issues a grant of Probate, empowering the executor to handle the estate.
Usually, the executor named in the will applies for Probate. If there's no will, a close relative can apply to the Supreme Court to handle the estate.
Generally, Probate is needed if the deceased person had significant assets. However, if they owned all their assets jointly with another person, Probate might not be necessary.
The process of getting a grant of Probate can take several months, whereas administering the entire estate can take up to a year or more. The timeframe also depends on the complexity of the estate and potential disputes.
If there are disputes over the will or assets, an experienced Probate lawyer can help mediate or take the matter to court if necessary.
The cost of Probate varies depending on the complexity of the estate as it may require advertisement, court fees, and legal fees.
A few resources that can be useful for those seeking legal advice in Probate include the Law Institute of Victoria, the Victoria Legal Aid, and the Supreme Court of Victoria. These resources provide plenty of information related to Probate law.
Should you need legal assistance for probate matters in Epping, the best step is to get in touch with an experienced probate lawyer. They will guide you through the specific laws and probate processes relevant to your situation. Have all the relevant information like the original will (if available) and a list of the deceased person's assets and debts ready to speed up the process.
