Category: Probate

  • 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 […]

  • 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 […]

  • 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 […]

  • Eligible Beneficiary for Superannuation

    Who is an eligible beneficiary to nominate for my superannuation? If you determine that you need a binding nomination for your superannuation you need to ensure that your nomination is valid, which includes ensuring your beneficiary is an eligible beneficiary. Eligible beneficiaries are explained in superannuation legislation and include your legal personal representative and your ‘dependents’; Legal […]