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In Essendon, Australia and throughout Victoria state, probate law governs the process of administering a deceased person's estate. When a person dies, their assets (property, monetary, or other possessions) need to be distributed to their beneficiaries as per their will. If a will does not exist, the estate is distributed according to the laws of intestacy. The process of probate verifies and enforces the legality of the will, deals with any contestations, and ensures the assets are divided as per the deceased's wishes or legal requirements.
Probate law can be complex and navigating the process can sometimes be daunting. Lawyers can be particularly useful in situations where the deceased has significant assets or debts, left behind a complex will, or when the will is being contested. If there are disputes between beneficiaries, or if the deceased didn't leave a will, it would be wise to consult a lawyer to help smooth the process and minimise conflicts.
In Essendon, as in the rest of Victoria, the Victorian Civil and Administrative Tribunal (VCAT) can appoint an administrator if a person dies intestate (without leaving a will). The Supreme Court of Victoria oversees the probate process. If someone dies leaving behind a will, the executor named in the will must apply to the Court for a Grant of Probate. If the deceased didn't leave a will, the next of kin must apply to the Court for a Grant of Letters of Administration, which can be more complex.
If the deceased person didn't leave a will, the estate will be distributed according to the laws of intestacy. Normally, the next of kin such as a spouse or children, will inherit the estate.
A will can be contested by a person who believes they have a claim to the estate or if they believe the will is invalid, such as family members, dependents, or individuals mentioned in any previous wills.
If the will is complex, or involves trusts, businesses, significant debts, or factors involving taxation, it's best to seek legal help to ensure the will is executed correctly.
The length of the probate process can vary, depending on the complexity of the estate, but typically it can take between 6 to 12 months.
The cost of probate can vary depending on whether a lawyer is enlisted to help, court costs, solicitor fees and more. Generally, these costs are paid out from the estate.
Additional assistance can be found at the local law library, Victorial Legal Aid, the Law Institute of Victoria, and the Victoria State Government Justice and Regulation website.
If you need legal assistance with probate matters in Essendon, your next step should be to identify and consult with a local lawyer who specialises in probate law. They will be able to guide you through the process and provide professional advice tailored to your particular situation, ensuring you meet all legal requirements and helping you navigate any potential disputes or difficulties.
