Deceased Estates

Part IV claims, Testator Family Maintenance Claims

Understanding Part IV claims against deceased estates

A Will doesn’t necessarily determine the final distribution of an estate. If someone feels they haven’t been adequately provided for, they may be eligible to make an application to the Court for a share or a larger share of a deceased person’s estate.  These claims are generally known as Part IV claims, Testators Family Maintenance […]

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Understanding Victoria’s recent increase to probate filing fees

The Victorian Government has announced a significant increase of filing fees charged by the Victorian Probate Office within the Supreme Court. The new fee structure particularly impacts larger estates, with those valued $7 million or more now facing a fee of $16,803, up from $2,318.90. One positive change is for the small estates under $250,000,

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Inheritance in limbo: understanding the basics of Intestacy

When a person dies ‘intestate’, it means that they have passed away without a valid Will (wholly intestate) or with a Will that doesn’t dispose of all of their property (partially intestate). When someone dies intestate, the intestacy laws of the relevant jurisdiction will determine how their assets will be distributed.

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What is a Deceased Estate?

A “deceased estate” (also simply called an estate) refers to all the assets and liabilities left behind by a person when they pass away.

Assets can include real estate, vehicles, bank accounts with a positive balance, shares, personal belongings (such as jewellery and household goods), unpaid employment entitlements, life insurance policy rights, contractual rights, intellectual property and rights to royalties. Domestic pets are also considered part of the estate.

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