Estate Administration & Probate
We help you move on with clarity, security & closure.
At Lewis and McNamara our team of dedicated solicitors will work with you to seamlessly navigate you through the myriad of legal complexities involved in administering the estate of a loved one.
Our streamlined approach to estate administration provides you with a sensitive, cost effective and legally sound solution to what is a complex issue in a difficult circumstance.
We have the knowledge and expertise to offer you clear and concise advice on all matters of the estate administration and provide clarity when applying for probate or administration of an estate in the absence of a will.
We offer peace of mind on every aspect of administering your estate
- the transfer of real property;
- the transfer of shareholdings and personal property such as vehicles or jewellery;
- The release of assets from financial institutions such as banks to the estate;
- collection of any debts owing to the estate including loans payable to the deceased;
- management of any will challenges or other legal matters outstanding against the deceased;
- Assistance with administration f any trust created in a will.
- the bequeathing of specific gifts to beneficiaries that are listed in the will; and
- the distribution of the estate to beneficiaries in accordance with the will.
What is Probate?
If you’re named as executor in someone’s will, you’re responsible for carrying out the terms of the will when they die.
To do this you may have to apply for Probate
Probate is the formal seal of a will by the Supreme Court. It provides the executors of the estate with certainty regarding the administration of the estate.
To do this, you may have to apply for probate, which is the court’s recognition that the will is legally valid and you’re authorised to deal with the estate.
When is Probate required?
Probate is required in circumstances where banks, superannuation funds or other institutions require it to release funds or transfer assets to the estate. Probate may also be necessary in circumstances where there may be a contested administration of the estate.
What are Letters of Administration?
The grant of Letters of Administration is a grant of authority from the Supreme Court to a person to administer an estate where someone dies without a will or an incorrectly drawn will. There are rules that govern who will be appointed to administer an estate in the absence of a will and how the estate is to be administered. The order of priority in which a family member will be appointed as administrator is spouse, adult children, parents and then siblings. There is a similar order of priority for the distribution of assets from an estate where there is no will.
Do you have a question?
We’re here to help you find the answer.