Estate probate and administration can be a complex and contentious process, often giving rise to a variety of disputes. These disputes can occur both before and during the administration of an estate and may involve challenges to the Will, claims against the estate, and new or existing claims against the deceased person for matters arising […]
The Common Disputes in Deceased Estates Read More »
When administering a deceased estate, various types of trusts may need to be established to manage and protect assets for beneficiaries. The Legal Personal Representative (LPR) is typically responsible for setting up these trusts correctly and may also need to oversee their administration over time. This article explores the different types of trusts that may
Trusts in Estates: What Are They? Read More »
What is a Grant of Representation? A Grant of Representation is a legal document from the Probate Office of the Supreme Court that authorises an Executor or Administrator (known as the Legal Personal Representative or ‘LPR’) to handle the deceased person’s assets. Since July 2020, these grants are issued electronically. There are several types of
Grants of Representation: Probate, Letters of Administration and Others Read More »
When a person passes away, their estate will need to be distributed to the people named in their Will, or if there is no Will, in accordance with the rules of intestacy. A Grant of Representation is a legal document from the Probate Office of the Supreme Court that authorises an Executor or Administrator (both
Grants of Representation: What they are and how to get one Read More »
What is a deceased estate? A “deceased estate” refers to all the assets and liabilities left behind by a person when they pass away. Assets of the estate can include real estate or bank accounts not held jointly, vehicles, shares, personal belongings, pets, unpaid employment entitlements, life insurance policy rights, contractual rights, intellectual property and
Deceased Estate Administration: Key Considerations and Steps Read More »
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
Understanding Part IV claims against deceased estates Read More »
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,
Understanding Victoria’s recent increase to probate filing fees Read More »
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.
Inheritance in limbo: understanding the basics of Intestacy Read More »
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.
What is a Deceased Estate? Read More »
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