What is a grant of probate? A grant of probate deals with the assets and liabilities of the deceased. But executors and administrators also have duties and rights concerning the deceased’s causes of death and body disposal. The deceased Cause of death- suing for damages and/or defending will challenges It is important to consider whether …
Executors Letters of Administration Probate Wills
17 May 2019
What is Probate of a will?
What is probate of a will in Victoria? These are the most common enquiries we receive about Probate: What is Probate? Do I need a grant of probate? What happens If I’m the executor and I can’t afford the funeral expenses? Am I capable of being an executor? What should I do if I’m not? …
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Deceased Estate Elder Law Executors Wills
1 February 2017
How to contest a will
How to contest a will Discover our top 6 tips on how to contest a will and how to know can will be contested. Get a copy of the Will This is not always possible if the executor is resisting. However, if you are an immediate family member you are entitled to a copy. If …
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Inheritance Wills
31 March 2015
Changes to laws when contesting wills
In 1998, Victoria introduced the Testator’s Family Maintenance claim through Part IV of the Administration & Probate Act 1958 (Vic) (“the Act”). This allowed a person to seek either provision from a deceased Estate or an increase in their provision. The definition of ‘eligible person’ was wide-ranging allowing a diverse group to apply therefore increasing …
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Inheritance Wills
22 September 2014
Cases on contesting wills – grandchildren
The law in Victoria has not yet changed and the following cases show examples of successful challenges of wills by grandchildren. Remember, you have 6 months from the grant of probate of the will after death, to use the court to challenge a will. In the case of Re Davies a grandchild was successful. This was almost …
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Deceased Estate Elder Law Inheritance Wills
18 September 2014
Changes to inheritance laws are coming
Changes to the law proposed- may disadvantage those left out of family member’s wills. Currently in Victoria if a family member who was left out of a Will challenged it, then they would have some chance of success provided that the deceased had an obligation to provide for them. This could include domestic partners, stepchildren, and …
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