Deceased Estates

Our experienced solicitors can provide legal advice and representation in the following areas:

  • Applications for Grant of Probate & Letters of Administration
  • Inheritance disputes and will disputes, challenging wills
  • Solemn Form disputes (where it is necessary to get a court to approve a contentious will)
  • Family Provision Act disputes

Estate law can cause confusion when issues arise. Many executors or beneficiaries of wills do not know their rights and can face irrational opposition in these instances. Templar Legal are here to help set everything straight and ensure that our clients are treated fairly. At Templar Legal, we pride ourselves on our personal and commercial approach to meeting our client’s needs and expectations, ensuring the best possible outcome in the shortest time frame possible. This keeps legal costs to a minimum. We work with Executors to do as little or as much of the Estate’s administration as they want.

 

 

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Deceased Estates – Frequently Asked Questions

What do I do when someone dies?
It is the role of the Executor to obtain the details of the Estate necessary to properly administer it.
Following the death of a person, Probate or Letters of Administration, cannot be obtained until:
(a) 14 days from the date of death has elapsed; and
(b) A Death Certificate has been completed and you or the next of kin has been provided with a copy.

What do I do if I cannot find a Will
Please contact our offices to discuss.

What do I do if I have not yet received a Death Certificate?
Usually the funeral director will arrange to obtain a copy for you or the next of kin. It can take up to 3 weeks after the funeral to obtain a copy of the Death Certificate and longer if there is to be a Coronial Inquiry. If you have not received a copy of the Death Certificate within 4 weeks, please do not hesitate to contact Templar Legal and we can assist you in obtaining a copy. Alternatively, you may wish to contact the Registrar General’s Office to obtain a copy.

What happens with funeral expenses?
Most banks or financial institutions will allow payment from any existing account of the deceased person if given a copy of the funeral invoice. Alternatively, check to see if the Deceased was a member of a Funeral Plan.

What assets and liabilities of the Deceased’s do I need to include in the Application for Probate?

  • Property or house;
  • Bank accounts;
  • Car(s), boat or registered vehicles;
  • Insurance policies;
  • Insurance claims; and
  • Mortgage, personal loans, hire purchase or other financial arrangements.

Who do I need to contact and notify of the Deceased’s passing?

  • Deceased’s employer – enquire if any payments are due and arrange to receive payment;
  • Landlord (if the Deceased was renting);
  • Centrelink, Veterans Affairs;
  • Superannuation funds;
  • Financial institutions;
  • Insurers: health, house, contents, car – enquire about continued payment or cancellations of policies;
  • Australian Tax Office – does a final tax return need to be lodged;
  • Electoral Rolls – advise of Deceased’s death; and
  • Services: electricity, gas, telephone, shire, water, internet – to determine account payment amounts and disconnection.

What are your fees?
Templar Legal has fixed fees for most uncontested Supreme Court (Probate Registry) Probate Applications. Please contact our offices to discuss. These fixed fees vary depending on the type of application to be made by the Court and the precise content of the Death Certificate and/or Will.

Please contact Templar Legal if you require more information about our Deceased Estates services or would like to make an appointment with one of our solicitors.

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