Author: Rich Brown

  • What is probate and how long does it take?

    [vc_row][vc_column][vc_column_text] What is probate? Probate is the legal process of validating a deceased person’s will after they have passed away. A grant of Probate made by the Supreme Court allows the Executor to administer the estate. Administration of the estate can include transferring assets and or selling assets, paying estate debts, undertaking tax returns on behalf of the deceased and the estate […]

  • Complex Estate Circumstances

    What circumstances could make my estate complex? There are many circumstances that can make your estate plan and Will complex and these can include: Second or more marriages/relationships and children from each relationship; Divorce; The interplay between Family Law and Estates; The interplay between Family Trusts, Self-Managed Superannuation Funds and Corporations and Estates; Not including […]

  • No Executor With Will?

    The deceased left a Will, but there is no Executor available to apply for the Probate, what do I do? This is a great question! You will need to apply for Letters of Administration with Will Annexed. You apply for this grant if the deceased left a Will but there is no Executor available to apply for a Grant of […]

  • What To Do If My Loved One Passed Away Without A Will?

    My loved one died without a Will, can I apply for administration? This is a very common question, in essence, if you are entitled to the estate or a portion of the estate you can apply for Letters of Administration. This can include: A spouse or de facto spouse Children (over the age of 18) […]

  • Using A Lawyer to Obtain Probate

    Why should I engage a lawyer to obtain Probate? Many people wish to avoid the legal costs of engaging a lawyer to obtain Probate and administering an Estate. Whilst this will save you legal costs upfront, often it will end up with greater legal fees in the long run and you will have to carry […]

  • Professional Person Executor

    Appointing a Professional Person as Executor If you appoint a Professional Person as your Executor it is important to ensure that you include a clause that allows them to be paid for their services, otherwise, they may choose not to act or may later apply for commission for their role which can cause delay for […]

  • I Don’t Have an Executor

    I don’t have anyone I trust to be my Executor It is not unusual for clients to express to us that either: They do not trust anyone to be their Executor They do not have anyone to appoint as their Executor If this is you, here is a list of people to work through (not […]

  • Can I Do an At Home Will?

    Can’t I just do a one page or online will? Everything is simple! Clients will often say to us “but can’t I just do a simple at-home will?” The answer is yes, however, in doing so you will incur more costs and can create extreme difficulty for your Executor in the long run. It is […]

  • Paying Funeral Invoices

    Should I pay the funeral invoices? A common misunderstanding is that the Funeral Invoice needs to be paid by the Executor and refunded by the estate. However, most of the time this isn’t necessary if the deceased had funds in their bank account. Upon issue of the invoice – take this to the bank and […]

  • Nominating Your Legal Personal Representative

    Nominating your Legal Personal Representative as your beneficiary for your superannuation It may be after receiving advice from your Estate Planning Lawyer that you should nominate your “Legal Personal Representative” as your beneficiary for your superannuation and associated insurance payouts. This means that upon your death your superannuation and insurances will be paid to you […]