If you’re dealing with a loss and need to administer the estate of a loved one, we can help. We provide executors, administrators, and beneficiaries with compassionate legal support and the help they need to manage and finalise a deceased estate.
Our Approach
Our experienced solicitors work closely with executors and families to understand their specific circumstances so we can provide tailored advice. We’ll manage the legal process of the estate administration, so you can focus on what matters most.
Our services in probate and deceased estates include:
- Interpreting the Will: Reviewing the terms of the Will and clarifying and explaining its provisions.
- Executor duties & responsibilities: Advising executors on their legal obligations and powers in managing an estate.
- Probate applications: Applying for a Grant of Probate from the Supreme Court to authorise the executor to administer the deceased’s estate according to the Will.
- Letters of administration: Guiding next of kin through the process of applying for Letters of Administration when there is no valid Will.
- Estate administration: Assisting with administering and finalising the estate:
- Identifying and valuing estate assets and liabilities
- Obtaining valuations of estate property
- Notifying relevant financial institutions and government bodies
- Collecting estate assets, including superannuation, bank funds, shares, outstanding loans, and insurance payouts
- Managing bank accounts and investments
- Paying estate debts, loans, funeral costs, and testamentary expenses
- Selling or transferring property
- Distributing assets to beneficiaries
- Advising on family and testamentary trusts
- Organising information for estate tax returns
What if There is No Will?
If someone dies without a Will, they are said to have died ‘intestate’. In such cases, the distribution of their estate is governed by legislation, which sets out a complex formula to determine who receives the estate assets and in what proportions. This can lead to complications and cause additional stress for the family, as there are no clear instructions on how the deceased may have wanted their assets distributed.
We can guide you through this difficult situation and assist eligible family members in applying for Letters of Administration to authorise them to manage and distribute the estate according to the intestacy laws.
Estate Disputes
Even with a Will in place, disputes can still arise. These include challenges to the validity of a Will due to concerns about its execution, the deceased’s mental capacity, or allegations of undue influence.
Disputes can also stem from claims for further provision from an estate by family members or dependents who feel they have not been provided for. Our solicitors are experienced in navigating these situations.
Why Choose McGuinness Legal?
- Experienced professionals: Our team has knowledge and practical experience in probate and deceased estates law.
- Personalised service: We tailor our approach to meet your unique needs, providing individual attention to every case.
- Transparent fees: We offer clear and upfront information regarding our fees, so you understand the costs involved from the outset.
- Supportive environment: We aim to alleviate your burden by handling the legal complexities, allowing you to grieve and manage other important aspects during this time.
If you are facing the task of administering a deceased estate or need legal guidance on a pending dispute, we’re here to help. For a confidential discussion with one of our estate administration lawyers, contact McGuinness Legal.