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Grant of Probate & Letters of Administration

LAWYER HELPLINE: ☎ 1800 455 260

A grant of probate is a legal document that authorises the executor who is appointed under the terms of a will to deal with the estate of a deceased person in accordance with the terms outlined in that persons will. Usually at least one individual is specifically appointed to act as executor in a will however there are some wills where no executor is appointed. There are also occasions where the appointed person does not want the responsibility or is mentally incapable or has died. If for any reason the person mentioned in the will as executor is unable to perform the requisite duties, another person with an interest in administering the estate may step in to make application for a grant of letters of administration which also gives legal authority to deal with the estate.

Administration of the Estate

Once the executor has been appointed by the court they will receive a document from the court known as a Grant of Probate. Most executors order several sealed copies of the Grant of Probate from the court to speed up the process of administering the estate. The executors must thereafter gather in and liquidate the assets unless certain items have been specifically bequeathed to individuals and thereafter pay all liabilities before distributing the remaining estate in accordance with the testators wishes outlined in the will.

Duties & Responsibilities

The appointment of executor carries with it substantial responsibilities and many non professional executors often do not feel up to the burden of discharging the necessary responsibility which in the case of complex wills or substantial estates can be extremely stressful and time consuming. Most executors who are not lawyers appoint a solicitor to act on their behalf to deal with the estate.

Contested Probate Solicitors

Our solicitors are probate experts and offer legal services regarding disputed wills and contested probate both in relation to defending claims on behalf of executors and pursuing claims on behalf of those who may feel that the will is not being administered properly or who have been cut out of a will from which they reasonably expected to benefit. For advice at no cost and without further obligation just send the contact form or email our offices or call the helpline.

LAWYER HELPLINE: ☎ 1800 455 260