When a loved one passes away, it’s not the easiest time to deal with all of the paperwork associated with their legal affairs and legal estate.
Probate lawyer Shane McClure has vast experience in deceased estates, and probate, and offers a compassionate approach to help you with:
- Applying for Probate or Letters of Administration (in the event there was no Will or the Will is deemed invalid).
- Dealing with Centrelink and other government authorities.
- Collecting in assets including the sale of estate property or investments and distributing accordingly.
- Disputing an estate, or defending a dispute.
Losing a loved one is never easy. You’re dealing with grief and on top of it all, a stack of paperwork and tasks have landed on your shoulders. Shane McClure can help with as little or as much of the administration of a deceased estate as possible. Shane McClure is experienced in all aspects of deceased estates and grants of probate and can help ensure your application is prompt and proper and you can instead focus on the grieving process instead of all the paperwork.
What is Probate
Probate refers to the legal matters following the death of someone, where the person who dies leaves a will. A grant of probate is issued by the Supreme Court of Victoria when the deceased leaves a valid Will at the time of death that nominates a person or persons as executor or executors of the will.
An executor of a will has to apply for a grant of probate in the probate division of the Supreme Court of Victoria. Probate is an order from the court stating that the deceased’s will has been proved valid with authority to administer the deceased’s estate being granted.
The Supreme Court in its probate jurisdiction has the power to make orders in relation to the validity of the will, the appointment of an executor and the administration of a deceased estate.
Where an executor is applying for a grant of probate there are a number of formal procedures which need to be followed. An affidavit has to be drafted in support of the executor’s application.
If you are an executor or an interested party and wish to discuss any aspect of the probate application you should contact Shane McClure for urgent assistance.
How long does it take for probate to be granted?
The Supreme Court of Victoria in its probate jurisdiction usually takes approximately three to eight weeks to process and make a Grant or Probate. It will take longer if the probate application has any errors that need to be corrected or the Probate Office requires further information.
Shane McClure has years of experience in all areas of probate law and can assist you in both simple and complex cases, including in the following situations:
- where the Will is defective or missing;
- where the terms of the Will appear uncertain
- where there are concerns about the deceased’s mental capacity when the Will was made;
- where the executors named in the Will are unable or unwilling to apply for probate;
- where the executors or administrators are in dispute;
- where the beneficiaries are in dispute over who should be granted letters of administration
- where the deceased resided overseas or died overseas with assets in Australia.
Probate lawyer in Victoria with clear information and practical advice
At each step of the process, Shane McClure aims to provide you with clear information about the legal process and provides practical advice on the options available through our probate lawyers in Victoria. Shane McClure will assist you to take the best course of action to obtain a grant of probate or letters of administration and thereafter to properly distribute and wind up the estate in a cost-effective manner. Shane McClure can also help:
- Advising in relation to your entitlement to a share of the estate of the deceased
- Making an application to the Court for probate where the deceased had left a Will or letters of administration when there is no Will
- Winding up of the deceased estate and distribution of its assets to the beneficiaries.