Probate Lawyers Melbourne
If you’re in need of highly experienced probate lawyers, you can count on Melbourne’s Pearsons Lawyers to provide exceptional guidance and support.
Expert Support & Advice
With over 100 years of experience, you can rely on us to provide high-quality legal advice.
Probate, Estate & Wills Specialists
We understand the nuances of probate law and can help you with every step of the journey.
Expertise, Compassion & Professionalism
A compassionate and professional approach to Probate law, as it can be an emotional time.
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Specialised Probate Lawyer Services
Why Work With Pearsons Family Lawyers?
Awards & Memberships
Navigate the Complexities with a Highly Experienced Probate Lawyer in Melbourne
Probate law can be incredibly challenging. It’s often an emotional time and trying to understand the nuances of the Administration and Probate Act alone can be frustrating and time-consuming.
If legal proceedings or estate disputes are a factor, or if beneficiaries are unhappy with the administration of a Will, things can get very complicated, and you may stand to lose a lot. Having the right firm on your side can make a world of difference.
“The thing about having over 35 years of experience in Family Law is that you do not panic. In a crisis, you stay calm and remain courageous so that you do not lose focus on what is important, namely the clients’ needs.” – Leanne Abela (Principal Director)
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Work with Expert Lawyers for Wills and Probate Matters
With 100 years of experience in law, Pearsons Lawyers can guide you through the challenges of probate law, giving you expert advice on every aspect of Will administration, deceased estates and disputed wills. Whether you are an executor or beneficiary, administering, disputing or defending a Will, we use our extensive knowledge to ensure that your best interests are represented each step of the way.
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We provide the following Probate Legal Services:
Will Administration
We understand that acting as an Executor can be daunting, and we can provide support and proper advice.
Will Disputes
Contesting or defending a Will is never an easy process. Time limits apply; speak to us today.
Grant of Probate Applications
If a Grant of Probate is required, Pearsons’ can assist you with a Supreme Court application.
Letters of Administration
If the deceased has not left a Will, we can assist you with applying for letters of administration.
Work with an Expert Probate Lawyer?
Over the years, we have worked with many families and individuals to assist with probate law and all matters relating to Will Administration and Will Disputes.
Our Wills, Probate and Estate lawyers will work with you, supporting you through what is likely a highly emotional experience while ensuring that you have expert advice and understand all legal requirements.
If you need assistance understanding a legal document related to Probate law, are facing court proceedings, or just need some advice, talk to us today.
- First Consultation
- Your Best Interests Come First
- Support Throughout The Process
See What Our Clients Say
Client Reviews & Testimonials
Pearsons Family Lawyers
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Frequently Asked Questions
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What is a grant of probate?
A grant of probate is made by the Supreme Court to recognise a Will as legally valid. It also ensures that Estates Wills are authorised to be executed by the Executor.
They are not necessary in many cases but may be required by third parties such as superannuation funds or financial institutions. Working with a law firm can make the application process easier to navigate.
How long does it take for probate to be granted in Victoria?
For standard applications, which are made through the Supreme Court of Victoria, the legal process for granting probate can be as little as a few weeks, up to a few months for non-disputed applications.
The timeframe for probate in Victoria is influenced by factors such as estate complexity and the current workload of the court. Applications without the correct documentation may take longer.
Deceased estates dealing with disputed probate claims can take months or longer to resolve, as the Probate Registrar needs to have certainty about the application prior to granting permissions for administering estates.
What is the threshold for probate in Victoria?
In Victoria, the threshold for probate doesn’t have an exact figure, but generally, executing an estate with assets of over $50,000 will require probate.
This amount may be even lower, in some cases $20,000, if there are concerns of claims being made against the estate, issues with creditors if estate litigation is likely, or if the validity of the Will has been questioned.
It’s best to seek legal assistance if any of these factors are at play to ensure that probate is necessary and can be granted to administer an estate.
What happens if someone dies and doesn't leave a will?
There are times when someone may die unexpectedly, or pass away without a valid will in place. If no will at all exists, the partner and family members of the deceased are required to apply for Letters of Administration through the court, to be a beneficiary of the deceased estate.
While this is something you can organise without a probate lawyer, working with a law firm can ensure you understand the process thoroughly. If you need further advice, speak to Melbourne Will Administration & Will Dispute specialists, Pearsons Lawyers.
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How much does an executor of a will get paid in Victoria?
Not everyone gets paid for executing a will, and many people are happy to take on this role for a loved one who has passed. In many cases, a provision may already be made in the Will for a percentage of the estate or a thank-you gift for the executor’s efforts, as it can be emotional and time-consuming work.
Executors in Victoria are generally entitled to compensation for their role in estate administration of between 2% and 5%, which is subject to approval by the court. The amount will depend on the size and complexity of the estate. The estate can also approve reimbursements for expenses, and beneficiaries may even agree to make a payment directly to the executor.
What is a letter of administration?
When a person dies leaving no Will, Letters of Administration are generally sought by the closest living next of kin, such as the deceased’s spouse (or de facto), children, siblings or parents. There is a hierarchy of order regarding who can apply.
Without applying for Letters of Administration in court, a family member may not be able to access or manage the estate, even if there is jointly owned property. Speak to Pearson’s today for expert advice on moving forward and distributing estates if you find yourself in this situation.
How do I distribute estate assets?
Estates must be distributed as set out if the will, by the person nominated as the Executor, or the Executors, based on the wishes that the deceased left. If a death is sudden and there is no Will, potential beneficiaries will likely need to engage with a probate attorney to ensure property and assets are fairly distributed.
Pearsons Family Lawyers
Let’s Work Together
Step 1: Book Your Free First Appointment
Get in touch today and we'll organise your first appointment.
Step 2: Talk To An Expert
Get a clear picture of your situation and how to move forward.
Step 3: Know Where You Stand
Have peace of mind knowing your matters are being handled by experts.Know Where You Stand
Book Your 30-min Free Appointment
During your free appointment we will:
- Discuss your circumstances.
- Answer any questions about the divorce process.
- Discuss your options.
- Advise you of your entitlements.
- Provide you with information about the cost of a divorce and separation.
Call our office or fill in the contact form to book your free appointment.
Office Hours
Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)
Book Your 30-min Free Appointment
Speak with Trusted Probate Lawyers, Melbourne
If you are ready to speak to someone, please get in touch today and book your first appointment. We will be there for you every step of the way.