Support & Understanding Through Probate of Wills & Estates
We understand losing a loved one is extremely difficult and the administration of their estate can be overwhelming and stressful during an already turbulent time.
Hunt & Hunt is here to help, if you need support and assistance with:
- Your loved one didn't leave a Will
- The process of validating and administering a Will
- You've been named the executor of a Will and don't know what to do
Get instant access to our free guide for clear information about Grant of Probate
Your experts in
Letters of Administration
If your loved one passed without leaving a will, we can help you obtain a legal document to allow you to administer their estate.
Probate
We can help you with obtaining a grant of probate, or if your loved one’s Will or assets are complex.
Intestacy
If your loved one passed without leaving a Will, we can guide you and be by your side through the entire process of administering their estate.
Estate Administration
Perhaps you’ve been named as an executor of a Will and don’t know what to do, we can help you through the process of administering your loved one’s estate.
Personal Service
Our experienced Wills & Estate lawyers can assist you from start to finish. We understand that this is a challenging time and our lawyers are here to assist you in navigating the complexity of the issues involved in the administration of the estate.
Get instant access to our free guide for clear information about Grant of Probate
Letter of Administration
Where someone dies without leaving a Will, there is no executor to deal with the deceased’s assets. In these circumstances, the closest next of kin can apply to the Supreme Court of Victoria for a grant of Letters of Administration.
We can assist you in preparing an application for Letters of Administration. Contact us today for a quote.
Your Wills & Estates Experts
Meet The Partner and Principal of Wills & Estates
Linda Hart
Partner / Principal, Melbourne
Linda was admitted to practise in 2003 and is highly regarded for her negotiation skills and her ability to communicate effectively with clients. She is an Accredited Specialist in Wills & Estates with the Law Institute of Victoria, and is also a full member of the Society of Trust and Estate Practitioners (STEP).
Linda’s emphasis is in estate disputes from advising clients in relation to challenging the validity of a Will, acting on behalf of clients who seek further provision from a deceased’s estate to assisting clients in making applications to recover land transferred by a deceased person during their lifetime. She also has extensive experience advising executors in relation to administering an estate and advising beneficiaries in respect to their entitlements.
Linda is passionate about assisting clients in all aspects of their matter and helping them find a resolution in the most cost effective way.
Education and Accreditation
- Bachelor of Laws
- Bachelor of Arts
- Accredited Specialist Wills & Estates, TEP
Get instant access to our free guide for clear information about Grant of Probate
What happens when a property gifted in a Will is sold prior to death?
Every so often a Will maker leaves a specific gift in their Will and at the time of death it is no longer owned by the Will maker. This specific gift fails for “ademption”.
What happens when an executor fails to defend actions brought against the estate?
Family provision claims made by a de facto partner and a disabled adult child. In Menzies v Perta; Perta v Perta [2021] VCC 941, the deceased’s de facto partner and daughter (from a previous relationship) issued proceedings in the County Court of Victoria for further provision from the deceased’s estate.
Frequently Asked Questions
Download one of our FREE guides for clear information on your rights and responsibilities.
Can you contest a Testamentary Trust?
Yes, you can contest a Testamentary Trust.
Can an Executor override a Will?
No, an Executor has no authority to make any changes to a deceased’s Will.
What does being an Executor of a Will mean?
When a person makes a Will, they nominate a person or a few people to be the executor or executors of their estate. The executor is responsible for making sure that their wishes are carried out in accordance with their Will.
What happens to the estate of a deceased if they have no Will?
If a deceased has no Will a Grant of Letters of Administration may need to be made to the Supreme Court.
You must be the deceased’s closest next of kin in the following order of priority:
– lawful spouse or domestic partner;
– children, excluding stepchildren, but including children adopted by the deceased;
– grandchildren;
– parents;
– brothers or sisters;
– remoter next of kin; and
– if none of the above, then a trustee company such as Equity Trustees Limited.
Is there a time limit to administer an Estate?
Under Victorian law there is no concrete time limit when an Estate must be settled or administered but usually it takes one year to administer an estate. However, complicated estates or estates that are defending a claim can take longer to administer.
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