The
Legal Essentials difference
Expertise - Focusing exclusively on this area, we give the right advice & pride ourselves on best practice.
Friendly, caring service - Thinking about your death or illness can be confusing & unsettling. We understand this & value the personal touch.
Competitive rates - Please speak to us about our competitive fees.
Estate Testimonials
"I am a widow in my 80's and was just stunned when my youngest son passed away suddenly. As I was without help from my other sons I didn't know what to do. A friend recommended I contact Legal Essentials and the help, advice and kindness shown to me was just wonderful.... I am quite certain that their business is just a well run concern. "
J.Brown
Probate Lawyers
Legal Essentials specialises in Probates and Probate Applications.
What is a Probate?
Probate is an approved by the Supreme Court of Victoria, which certifies that everything appears in order with the Will and that the Executor can continue with their job. The Probate is a stamped, sealed certificate from the court.Is Probate always needed?
No.The companies or organisations who hold assets in the deceased's name determine whether or not they require you to give them a copy of the Probate before they release those assets. Usually, they will require Probate where the assets are over a certain dollar value, as a measure of protection for themselves.
It is worth noting that Probate is almost always needed to transfer property, unless the property was owned as joint tenants or joint proprietors.
How do you get Probate?
Obtaining Probate is usually a fiddly & time consuming process which most people seek the assistance of a lawyer for.It involves preparing an application to the Supreme Court which sets out many details about the deceased, the Executor, the Will and the assets of the deceased. It also requires certain searches to be performed & an advertisement to be placed notifying of the intention to apply for Probate. Accurate research must be done to collect all the information required for the application, and the application must be prepared strictly in accordance with the rules of the Supreme Court, who then assess it & send out the approved Probate. If the Court has any questions regarding the application, these need to be dealt with before the Probate is issued.
Why do I need a Lawyer?
Many people we see start out trying to do this process on their own, but end up overwhelmed and needing assistance.Some of the reasons you will find a lawyer helpful are:
How long does it take to complete a successful Probate?
Unfortunately, Probate is not a quick process. It is not unusual for a grant of Probate to take some 3-6 months to complete. While we endeavour to move things along quickly, some delays are inevitable.It is not uncommon for beneficiaries under a Will to expect to receive their entitlements fairly quickly, and to put pressure on Executors to move things faster. It is helpful at the outset for everyone to understand that this process takes quite a bit of time.
How much does it cost to receive a Probate?
There are two sets of fees in obtaining Probate. There are 'disbursements' which will be the same regardless of whether you had a lawyer assisting you or not. They are the costs of Court charges for reviewing the Probate Application and the cost for advertising the application, and they come to about $320.00. The other costs are the professional legal fees. At Legal Essentials we charge $1750 ( inc GST) for a standard grant of Probate. This fee only varies if there are unusual circumstances which we would advise you about before incurring any costs.While some up front costs may be incurred by the Executor personally, these are all reimbursed from the Estate. In many cases when working with us, only the disbursements need to be paid up front, and the remainder is only paid once money is received from the estate.
