An executor is the person named in a Will to carry out the final wishes of someone who has passed away. Their role includes collecting assets, paying any outstanding debts or taxes, and distributing the estate to the beneficiaries. The executor may also need to apply for probate before handling any part of the estate. Depending on the complexity of the estate, this process can involve a number of legal and administrative responsibilities.

Probate is the official recognition by the Court that a Will is valid and that the named executor is authorised to act. It gives the executor the authority to access accounts, sell property, and manage the estate according to the Will. Without probate, many banks, super funds, and financial institutions will not release the deceased’s assets.

What is a grant of Letters of Administration?

If a person dies without a valid Will, or if the appointed executor cannot act, someone else may apply to manage the estate. This is done by requesting a grant of Letters of Administration from the Court. The process is similar to probate, but the person applying must show they are eligible to administer the estate, often as a close relative.

What if the deceased person has no Will?

When there is no Will, the estate is distributed according to a legal formula set out in legislation. This may not reflect the preferences of the deceased. A family member or other eligible person must apply for Letters of Administration to take charge of the estate. This process can be more complex and may take longer than probate.

How long does it take to finalise a Will?

The timeframe for finalising a Will depends on a range of factors. This includes the size of the estate, the number of beneficiaries, and whether any disputes arise. On average, probate can take a few weeks to a few months once the application is submitted. More complex estates or contested Wills may take significantly longer to resolve.

Expertise

Defending an Estate - Challenging an Estate - Probates

Wills & Estate Planning Lawyers Heathcote

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Estate Disputes and Probate Services

Dealing with the administration of a deceased estate or facing a dispute over a Will can be complex and emotional. We help make the process easier to understand and manage.

Focused Expertise Where It Counts

We assist with probates and matters involving contested Wills and estates. Whether you are managing an estate or disputing a Will, we bring the experience needed to address challenges promptly.

Convenient Support Across Heathcote

With our services available in Heathcote accessing legal help for estate matters is easier than ever. We aim to make the process less stressful and more manageable, wherever you are located.

Solutions Built Around Your Situation

Every estate dispute or probate matter is different. That is why we take the time to understand your position and work towards outcomes that reflect the needs of everyone involved.

Here to Help

Whether you are managing the affairs of a deceased estate or facing a dispute over a Will, getting it right matters. We focus on probate applications and estate disputes in Heathcote, helping you take the next step with clear advice and a steady approach. Each matter is handled with care, so outcomes reflect what is fair and appropriate.

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How Can Our Heathcote Wills & Estate Planning Lawyers Help?

Dealing with the affairs of a loved one after they pass or resolving a dispute over a Will is rarely straightforward. These moments are personal and often come with a mix of emotion and legal complexity. That is where we step in.

We assist clients in Heathcote with two key services: applying for probate and handling estate disputes. Whether you need help formalising the administration of a deceased estate or you are involved in contesting or defending a Will, we provide the clarity and direction needed to move forward.

Every matter is approached with care and attention to detail. We take the time to understand your situation so that outcomes reflect both the legal framework and the practical realities involved. Where family disagreements arise, we work to keep the process calm and focused, with your interests at the centre of everything we do.

Browse our service offerings below to get a better idea of how we can help you.

Deceased Estate Probate

Disputing Wills and Family Provision Claims

Disputing Wills & Estates

Frequently Asked Questions

What is an executor?

An executor is the person named in a Will to carry out the final wishes of someone who has passed away. Their role includes collecting assets, paying any outstanding debts or taxes, and distributing the estate to the beneficiaries. The executor may also need to apply for probate before handling any part of the estate. Depending on the complexity of the estate, this process can involve a number of legal and administrative responsibilities.
What is probate?

Probate is the official recognition by the Court that a Will is valid and that the named executor is authorised to act. It gives the executor the authority to access accounts, sell property, and manage the estate according to the Will. Without probate, many banks, super funds, and financial institutions will not release the deceased’s assets.
What is a grant of Letters of Administration?

If a person dies without a valid Will, or if the appointed executor cannot act, someone else may apply to manage the estate. This is done by requesting a grant of Letters of Administration from the Court. The process is similar to probate, but the person applying must show they are eligible to administer the estate, often as a close relative.
What if the deceased person has no Will?

When there is no Will, the estate is distributed according to a legal formula set out in legislation. This may not reflect the preferences of the deceased. A family member or other eligible person must apply for Letters of Administration to take charge of the estate. This process can be more complex and may take longer than probate.
How long does it take to finalise a Will?

The timeframe for finalising a Will depends on a range of factors. This includes the size of the estate, the number of beneficiaries, and whether any disputes arise. On average, probate can take a few weeks to a few months once the application is submitted. More complex estates or contested Wills may take significantly longer to resolve.