When a person has been appointed as an Executor under a Will they may need to obtain a “Grant of Probate” of the Will, to deal with a deceased person’s assets.
The Grant of Probate confirms that a deceased person's Will is valid and confirms that the executor has the legal right to act on behalf of the estate.
This formal approval given by the Supreme Court allows an Executor to collect the assets, pay any debts and then to distribute the estate in accordance with the provisions of the Will.
Where there is no Will, the alternative is to make application for letters of Administration.
Providing there are no challenges to the last Will, Calvin Nelson & Co can provide you a guaranteed written fixed fee quotation to obtain the Grant of Probate.
You will always need probate if the home or other land being distributed under the Will is in the deceased’s sole name or is a part owner, as tenants in common, with the other owner.
If you own land or property, includiong a joint bank account, as a joint tenant, with the deceased person, you will not need probate, as survivorship provisions apply.
You might need probate to deal with other assets, like money in bank accounts, funds from a life insurance policy, superannuation, shares and/or an annuity.
To find out, you need to contact the bank, company or other institution who will tell you whether they require probate, before they will transfer the asset.
If assets of the deceased were jointly owned as joint tenants on the death of one of the joint owners the property without probate passes to the remaining joint tenant
There would be no need for a grant of Probate if all of the deceased’s assets were held as joint tenants with someone that survived them.
If real estate is held solely in the name of the deceased or a share of real estate is owned by the deceased, as tenants in common with someone else, a grant of probate will be required in order to deal with the asset.
The certificate of title for real estate will show if the property was held as joint tenants or as tenants in common.
An alternative, to an application for a Grant of Probate is to apply for Letters of Administration. This is done where there is no Will or the Will is invalid or partially invalid.
An Executor is a person appointed in a Will to act in respect of the estate of the Will maker upon death. An Executor is the legal personal representative of a deceased person. They assume the role of the deceased.
When a person dies without a Will then an Administrator is the legal personal representative.
Costs are guaranteed within a written fixed fee to obtain the Probate for an uncontested application (no challenges to the Will) and in accordance with our general terms and conditions set out in our written costs agreement.
We also provide written fixed fees for other works within an Estate
Please contact Calvin Nelson & Co for a confidential discussion and quotation to obtain probate and/or to attend to other Estate work.
Expert Advice from our Legal Specialists
A cascading will specifies alternative beneficiaries in case the primary beneficiary predeceases you and is unable to inherit your estate.
An enduring power of attorney will allow you to appoint another person to make financial and legal decisions if you become incapacitated and are unable to do so.
We will advise on the content and structure & thereafter create wills, trusts, and other documents that provide how your assets are to be distributed.
The executor of your Will has responsibility to correctly and honestly distribute assets from your estate and other duties following your death.