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Probate Law in Victoria, Australia

When a person dies in Victoria, a Grant of Representation (probate or letters of administration) must be obtained before anyone can deal with the deceased’s estate (property, cash, shares etc). If a valid Will has been left behind, then the Executor(s) named in the Will are responsible for applying for a Grant of Probate. If there is no Will, and therefore no Executor, usually the next of kin applies for a grant of Letters of Administration.

These applications are made through the Probate Office, Supreme Court of Victoria. Our Probate Lawyers operate throughout Victoria and are able to provide you with advice on how to make an application for probate, and can provide assistance with all matters relating to the administration of the estate. For obligation-free initial advice, call our legal helpline or complete the contact form.

Executor's Duties

An executor has several responsibilities under the law. Their duties include applying for probate, identifying all assets and debts, preparing tax returns, seeking accounting advice where needed, defending any legal challenges to the will, resolving any disputes between beneficiaries, and distributing the inheritance.

If you have any issues regarding your role as an executor or if you are a beneficiary and you have concerns regarding the conduct of an executor, you should seek legal advice from a Probate Lawyer Victoria. Call our obligation-free helpline ☎ 1800 339 958 for further information.

Probate Disputes

Some issues may arise when applying for a grant of probate, for example, the Will may be legally invalid. A Will can be challenged if it hasn’t been properly executed or witnessed. A Will can also be challenged if the deceased was mentally incapacitated or undue influence was exerted upon them when they made the Will. Time limits apply when challenging the validity of a will, so you should speak to a Victorian probate solicitor as soon as possible.

Family Provision

Sometimes a Will can be unfair in that it may leave one or more dependents without adequate inheritance. In such circumstances it may be possible to make an application to the Supreme Court of Victoria for a Family Provision Order. The court will assess whether the Will makes adequate provision for the proper maintenance and support of the person and may order that further provision be made.

Victorian Probate Lawyers

Our legal service operates throughout Victoria. If you require legal assistance on any aspects of probate application, estate administration, inheritance disputes, contact our obligation-free helpline today. Most estate litigation and will disputes are handled by our Victorian Probate Solicitors on a No Win No Fee basis.

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Legal Helpline: ☎ 1800 339 958


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