Probate & Execution of Will—Legal Services Australia-Wide

Probate is the process of proving and registering the last Will and Testament of the deceased in the Supreme Court. A valid Will appoints an executor/s to administer the estate, dispose of the assets and pay the debts. The executor needs to obtain a Grant of Probate from the Supreme Court, having first proved: Will's testator is dead, Will's authenticity, and the executor's proof of identity. 

Providing there are no challenges to the executorship of the nominated individual, the Grant of Probate then enables the executor to collect the assets of the deceased. Assets are collectively known as 'the estate' and collected from funds held in property, banks, superannuation entitlements and all that require similar proof.

There will be many initial questions to answer relating to costs, time frames and assets. Challenges to the validity of the Will and distribution of the assets from other people claiming an interest in the estate of the deceased may cause lengthy delays and additional debt. The costs arising from contested estates are usually paid from the estate before eventual distribution.

For complicated estates, it is advisable to seek legal assistance, and Nathan White Lawyers can facilitate the process for you with the benefit of experience and previous equitable resolutions.