Probate & Administration

At Cyngler Kaye Levy Lawyers our senior Probate Lawyers have over 20 years’ experience in Estate Planning & Probate law.

When a loved one dies, whilst it is time to reflect on the person’s life, it is also a busy time for the executor to finalise the loved one’s affairs.

For most people applying for probate can be a complex and daunting process. At Cyngler Kaye Levy Lawyers we can assist and advise you at every step of the process to make the journey as smooth as possible.

If you find that you become embroiled in a dispute with other family members or friends about your loved one’s estate, the support of an experienced and caring Estate Lawyer can be the difference between feeling confused and alone, and having the confidence to assertively administer the estate.

The difference between when your loved one dies with a Will or without a Will is briefly outlined below.

Probate (with a Will)

When a person dies with a Will, the executor needs to determine the assets and liabilities of the deceased and engage a lawyer to draw up an application to the Supreme Court for a Grant of Probate.

Once the Grant is approved, a number of steps need to be taken:-

• Cash out bank accounts and Superannuation policies;
• Transfer or sell property, shares and other assets;
• Chase claims and receive compensation on behalf of the deceased;
• Pay the deceased’s liabilities including liaising with the Accountant to organize a final tax return;
• Inform potential Beneficiaries of the deceased estate and seek their approval before any assets can be distributed;
• Transfer non liquid assets and distribute the liquid assets of the estate according to the Will.

Administration (without a Will)

When a person dies without leaving a Will, an Administrator is appointed and makes an Application to the Supreme Court. This then allows the Administrator to gain access to the assets, collect them, and them distribute according to Statute.

All estates are subject to claims by potential beneficiaries not named in a Will or not included in an Administration. These Contested Will claims are known as Testator Family Maintenance Claims (TFM Claims) or Part IV Claims. An application may need to be made to the courts under the Testator Family Maintenance provisions / Part IV of the Administration and Probate Act 1958 (Vic). See our section on Contested Wills for more details.

Whether you are applying as Executor for Probate, or as Administrator for Letters of Administration, our experienced senior Probate Lawyers are able to assist you from initial advice to full distribution of the estate.

Please do not hesitate to contact our experienced Probate & Estate Planning Lawyers on +613 9523 8811, request a cost estimate, or email us directly.