PROBATE AND
ESTATE ADMINISTRATION
Bespoke Legal Group there to help you with Estate Planning, Probate, and Estate Administration.
Our experienced lawyers provide personalized and compassionate legal services to help you navigate the process and ensure your loved ones are taken care.
What is
PROBATE?
If you are named as executor in someone’s will, you have the responsibility of carrying out the terms of their will when they die.
This means that you have to deal with their property (commonly know as their “estate”).
To act on the will, you may find that you have to apply for probate.
So what is probate? Probate is the official recognition that a will is legally valid.
You will need a grant of probate if some people or organisations holding assets of the estate will not release them without sighting a grant of probate. However, probate is not always required. You may not need a grant of probate if the asset e.g. the family home is in joint names or the assets are not large or real estate is simply to be transferred to a beneficiary named in the will.
The team of lawyers at Bespoke Legal Group can advise you on whether probate is required and how to apply for the grant of probate, if necessary.
We can provide all of our clients a fixed fee for these services.
What is
ESTATE ADMINISTRATION?
As an executor, you have a lot of responsibilities to take care of, from managing estate property to finalizing tax affairs and paying out legacies. It's important to be cautious in your administration of the estate, as you can be held accountable for any losses. At Bespoke Legal Group, we understand how difficult this time can be, and we're here to guide you through the process and provide support for you and your family.
What is
INTESTACY?
Intestacy means dying without a will. In that event your assets are distributed according to a rigid formula set down by succession laws in Queensland.
Such laws may mean:
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The sale of the family home or car
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You do not provide future financial protection for your children or grandchildren
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You leave disabled or incapacitated family members without adequate support
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You give your assets to the government if you have no relatives
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You have no say in who administers your estate or who is appointed guardian of your minor children
The court can on intestacy make a similar grant to the grant of probate. This is known as letters of administration.
So what are letters of administration? They are essentially the same as a grant of probate and show that the court is satisfied that the persons named in the letters has the authority to administer the estate.
How is the estate divided if there is no will? Generally the assets go to the next of kin according to the rules set out in the succession laws. De facto relationships can be recognised.
It’s a good idea to consult us before taking any steps in relation to the estate if you are the surviving next of kin. We will guide you through the procedure for applying for letters of administration and advise as to your entitlements under the succession laws.
What are
ESTATE DISPUTES?
These disputes usually arise:
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Where the capacity of the will maker to make a will is in question
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Where it is argued that inadequate provision or no provision has been made for the proper maintenance and support of someone
As strict time limits apply in certain cases to apply for relief from the court, it is always advisable to seek legal advice on your options and rights.
Our team of lawyers understand that you may be grappling with the grief of losing a loved one and the unexpected changes in your financial circumstances which have occurred as a result.