Estate Administration
When a person dies leaving assets, the Executor named in the Will may need to apply for a grant of representation from the Court to deal with the assets. If there is no Will the next of kin will need to make the application for the grant.
The grant is a legal document issued by the Court entitling the rightful person to collect and distribute the estate of the deceased person. Whether a grant is required or not depends on what assets were held in the name of the deceased person and the requirements of the institutions holding those assets.
What’s included:
Review the Will
Advise order of the distribution according to the State laws if there is no Will
Contact banks, share companies, superannuation providers and other institutions to obtain asset and liability total
Apply to the Court for Grant of Probate or Letters of Administration
Collect moneys for estate
Pay bill and debts from estate
Distribute assets
Estate Dispute
The law permits eligible persons who have been left without adequate provision for proper maintenance and support to make an application to the Court to receive adequate provision out of a deceased person’s estate.
If you have been left out or you are not satisfied with the distribution from the deceased person’s will or estate, it is necessary to act quickly. Claimants only have six months to bring a claim from the date the grant is made in Victoria. In certain cases, time can be extended by the Court, but not if the estate has been finally distributed.
What’s considered:
Relationship with the deceased person
Any obligations of the deceased person to the eligible person
Size and nature of the estate
Financial resources, capacity and needs for the foreseeable future
Any physical, mental or intellectual disability of any eligible person or any beneficiary
Any contribution of the eligible person
Other matters in the Administration and Probate Act 1958