Wills and Probate
- We offer a range of legal services related to managing estates, such as initiating or defending family provision claims, addressing breach of contract claims, drafting wills, and obtaining probate or letters of administration.
- We also assist with the preparation of enduring powers of attorney and enduring guardianship documents.
Grant of Probate
The Grant of Probate is an official confirmation from the Supreme Court that the submitted Will is the final and valid one of the deceased, and that the appointed Executor(s) have successfully proven to the Court that they are the rightful individuals to receive the Order.
Once the nominated Executor(s) demonstrate their entitlement, they will be granted the legal authority known as “Probate”.
According to Court Rules, an Application for a Grant of Probate (and/or Letters of Administration) must be submitted within six (6) months of the Testator's passing. Failure to do so will require an affidavit explaining the rationale for the delay.
Drafting a Will
- It is essential to have a valid will in place to ensure that your estate is distributed according to your wishes. A legal will is a straightforward document that designates the person responsible for handling your estate and identifies the beneficiaries.
- If a person passes away without a will, their estate is distributed according to intestacy rules, meaning they have no control over how their assets are divided.
- We meticulously prepare wills to accurately reflect our clients' intentions in a legally binding document.
- It is important to review your legal will when::
- entering a new relationship
- undergoing a separation or divorce
- having children, or
- acquiring or disposing of substantial assets.
Letters of Administration Upon Intestacy
If an individual passes away without leaving a Will, they are considered to have died “intestate,” and their estate will be distributed to their next of kin based on the rules set out in the Succession Act 2006.This also applies if a Will only covers part of the estate, resulting in a state of “partial intestacy”. In cases of intestacy, the Court will appoint an Administrator to oversee estate administration, issuing "Letters of Administration" as the court order.In the event of a valid Executor appointment in a Will, but there remains a partial intestacy, the Executor will be granted Probate with the remaining intestate portion addressed according to the intestacy rules.Furthermore, Letters of Administration are necessary if a sole Executor declines their appointment or passes away before completing the distribution of the estate.
Our Expertise
- Creating a will,
- Estate planning,
- Probate and estate administration,
- Addressing a will challenge,
- Establishing enduring guardianship,
- Granting power of attorney,
- Resealing a grant of probate,
- Creating advanced care directives,
- Setting up testamentary trusts, and
- Establishing special disability trusts are all important legal tasks to consider.