Probate law
- Will probate lawyers

A Grant of Probate, also known as a Grant of Representation, is the first step in the process of proving a Will and administering the Estate of a deceased person. Grants of Probate are court documents that allow the executor or administrator to finalise a deceased person’s financial and legal affairs. If you need assistance applying for a Grant of Representation, or with any other Estate administration matter, Maurice Blackburn can help.

Do you need to apply for a grant of representation?

Before banks and financial institutions will release the funds belonging to a deceased person, they need to know that they are dealing with someone who has legal authority to handle the deceased’s affairs. The Grant provides that assurance and also confirms the validity of the Will.  If you are the named executor in a Will, you may need to apply for a Grant in order to deal with any real estate, investments, superannuation, and for most bank accounts. 

Maurice Blackburn Lawyers can assist you in applying for a Grant of Representation as well as in all other Wills, Estates and Trusts matters.  If you are the named executor of a Will, please contact us to discuss your requirements, or for more information on our successful cases.

Do you need to dispute a Will or prevent probate?

Maurice Blackburn can help clients prevent a Grant of Probate if a Will is invalid or disputed.   If you think a Will is invalid or you have been unfairly provided for and wish to Challenge a Will, speak to a Maurice Blackburn solicitor about your case.  We are able to offer a No Win No Fee cost agreement in most matters relating to Will DisputesStrict time limits apply to challenging a Will, so it is critical that you obtain prompt legal advice as soon as possible.

What is a grant of representation?

If a person dies leaving assets, the executor of the deceased person’s estate may need to apply for a Grant of Representation.  The Grant is a court document, which enables the executor or administrator of the estate to deal with the deceased’s assets.  It allows the deceased’s money held in banks, managed funds and other accounts to be collected, enables their debts to be paid, and allows their property to be sold or transferred as required.  The Grant of Representation proves that the person named in the Grant is entitled to administer the estate of the deceased.   There are generally three different types of Grants:

A Grant of Probate is issued to the executor named in the final valid Will left by the deceased person.  Before issuing a Grant of Probate the court will confirm that the executor is willing and able to administer the estate, that the Will was valid, and that there are no objections to the Will.

Letters of administration with the Will annexed are issued when there is a valid Will but the executor is unwilling or unable to apply for a Grant of Probate.  Generally, these Letters of Administration are issued to the person or persons with the greatest interest under the terms of the Will.

Letters of administration are issued when the deceased person has not made a Will, or if the Will is deemed invalid.  In the majority of cases Letters of Administration are granted to the spouse, domestic partner or a child of the deceased.

We are able to offer a deferred fee cost agreement in most matters relating to grants of representation.

For more information or assistance on Wills, Estates and Trusts matters, please contact Maurice Blackburn to discuss how we can help you.

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