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Probate Application Help

Need help applying for Probate?

Are you the appointed executor of a Will, or soon to be the administrator of an Estate? Do you need to lodge a probate application, but you’re not sure how? Are you asking yourself “what is probate, and why do I need it?” CWPL are experts in Wills and Inheritance law, and we’re here to help.
What is Probate?
Probate gives the executor named in a Will the right to wind up the deceased’s affairs, and distribute the funds to the named beneficiaries.
Although the deceased may have appointed an executor in their Will, probate is not automatically or immediately given to the named party. An application must be lodged at the state Probate Office for what is known as a Grant of Probate. If there is no Will, an application needs to be made for Letters of Administration; a similar process.

Preparing Probate Documents

The problem of “what to do” as an executor and the effort involved in winding up the deceased’s affairs can be daunting. Usually you will need a solicitor to prepare the probate application documents and wind up the person’s affairs. We at Contested Wills & Probate Lawyers can arrange this for you with minimum fuss. This service extends to dealing with probate applications in Victoria, New South Wales, Queensland, Tasmania, South Australia, Western Australia, the Northern Territory and the ACT.

Potential Legal Issues

Probate applications and the role of Executors are often not straightforward. As the Executor, you will usually need a lawyer to help you face any legal issues with probate if they arise. Our legal assistance will put strength on your side giving you the certainty that CWPL is there if any unanticipated legal difficulties arise. You will have expert advice when you need it.

Probate Caveat

A caveat is a form of injunction, which prevents certain dealings from occurring. In the event that a party wishes to delay the granting of probate or letters of administration they can lodge a caveat on probate with the Supreme Court. This can give the party enough time to prepare to contest the Will. This may delay proceedings and result in additional legal costs for involved parties. The party filing the probate caveat should be aware that they may by ordered to pay the resulting legal costs of the estate.
If a party has lodged a probate caveat, they are potentially intending to contest the Will. As the Executor you should prepare for this eventuality by seeking legal advice.

Choosing a Lawyer to Lodge Your Probate Documents

It is up to you, as the Executor or Administrator, to select the best law firm for you. This is important as you can be personally liable if anything goes wrong. You owe it to yourself to ensure that your lawyer is best equipped to deal with all of the things that may arise.
Even if a specific legal firm is mentioned or even “appointed” in the Will, every Executor has the right to appoint a lawyer of their choosing to lodge probate with the Probate Office.

You should choose a solicitor that is an expert in probate applications and is responsive to your needs. Above all, you should only go to a solicitor you trust, and one whom you feel will understand your needs. If you do not feel confident with your solicitor, this will make it very difficult to manage the probate of the estate.

CWPL will guide you through all stages of the process, from helping you apply for probate at the Probate Office to defending a contested probate if the need arises.

CWPL’s Principal Terry Johansson is an Accredited Specialist in Wills & Estates in Victoria and NSW.