Melbourne, Victoria, Australia, 30th Aug 2022, King NewsWire, Losing a beloved family member can be one of the most stressful times in a person’s life. During this time of grief, no one wants to be burdened with the added responsibility of handling the deceased’s family matters. Wills are often the very last thing in the minds of the bereaved family members. As a result, the rightful successors of the deceased’s assets can lose out on their claims.
This problem can easily be solved by hiring a good lawyer. The lawyer will be able to apply for probate on behalf of the deceased’s successors, so that will be left behind by the deceased can be executed to its fullest effect. This also ensures that the family can focus on the funeral preparations and service while the lawyer takes care of the legal affairs.
Understanding Probate of Will in Melbourne
People create wills during their lifetime to specify how their assets should be divided among their family members after their death. However, the execution of this will, if left to the whims of the inheritors, can cause serious legal disputes that stretch on for years. This is why probate becomes a necessity.
Probate allows a registered lawyer to act as an executor for the deceased person’s estate. This lawyer will first apply for probate from the local government authority. This process is strictly followed in Melbourne, Victoria too. The grant of probate in Melbourne means that the will for which the probate was sought has been validated, and the distribution of assets can now begin.
The lawyer begins by taking charge of the deceased’s assets. Banks will then release funds based on the grant of probate. Investment accounts can be closed and shares sold by the estate executor using the probate grant. The grant of probate is also essential to claim the life insurance dues of the deceased. The estate executor may even use the probate grant to pay the deceased’s unpaid loans if any. Once all this is completed, it is time for the lawyer to distribute the deceased’s assets among the family members, according to the wishes stated in the will.
Is Probate Compulsory?
Everyone does not require a probate. Probate is only compulsory for people with assets above a certain value. People who do not leave behind any wills do not have to bother about probate either. Suppose a person dies intestate, i.e., without a legal, official will. In that case, their property will be distributed among their immediate family members according to the state’s local laws of inheritance. This may be unacceptable to the deceased depending on their relationship with certain family members.
That is why lawyers recommend the drafting of wills as an absolute necessity. It ensures that an individual’s hard-earned assets are bequeathed to the people they have nominated. A will ensures that no estranged family members can suddenly come out and make any claims. It guarantees that the person’s wishes are honoured even after their passing. This demonstrates why probate is compulsory where wills are involved to guarantee its legal implementation.
How to Apply for Probate in Melbourne, Victoria?
The rules for a probate application vary from state to state in Australia. To apply for probate in Victoria, the estate executor must first publish a public notice expressing intent for probate application in any Australian daily. A fee will have to be paid to advertise this intention. Once the public notice comes out, the executor must wait at least 14 days (and a maximum of 3 months) before filing the application.
A probate application requires filling up a form that is available online on the website for the Supreme Court of Victoria. Once the form is filled, it must be submitted to the state’s Probate Office in person. The executor of the estate will also have to furnish all necessary documents. This includes the birth certificate of the deceased, their original will, and detailed accounts of the deceased’s assets and liabilities. If all the paperwork is in order, probate in Victoria is granted within 5 to 10 days of filing the application.
Reliable Legal Services for Probates and Wills in Melbourne
Finding a dependable law firm that delivers consistent results is like finding a diamond in the rough. This is why families and even businesses retain the services of reputed firms for generations. Melbourne has its fair share of law practitioners and firms that serve numerous clients. One of the best in the business when it comes to probates is Daniel Lawyers & Associates.
The firm is one of Melbourne’s best, fixed-rate law services with a long list of satisfied clients to boot. They provide a comprehensive range of legal services with a special focus on property law, wills, and probates. Their lawyers are all skilled and possess years of experience working as executors of the estate for people with a considerable valuation of assets. The firm’s reputation has been built over the years on transparency and reliability. It is, therefore, not surprising that an overwhelming majority of Melbourne residents turn to Daniel Lawyers & Associates to handle their property issues and apply for probate with professionalism and efficiency, avoiding lengthy legal battles.
To contact Daniel Lawyers & Associates, you can simply call on (03) 9687 3211 and talk to their legal experts. Or you may also email them at [email protected]. Melbourne residents can also visit one of their offices in CBD City or Sunshine City. More detailed contact information is provided on the official website under the Contact tab. Melbourne’s finest is just one number away. Call now!
Organization: Daniel Lawyers
Contact Person: Daniel Lawyers
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Address 1: Level 5, 12 Clarke Street, Sunshine, VIC, 3020
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