What is a grant of probate?
A grant of Probate is an order of the Court which authorises an executor to act. On receiving the grant the Executor is entitled to call in and convert the assets of the estate, discharge liabilities, and distribute the estate assets according to the terms of the Will. In most cases, obtaining a grant of probate is a non-contentious administrative process.
Family members underestimate the time and effort involved preparing the application. There are strict rules which you must follow. Improperly completed applications require further clarification from the court this results in delay in finalising the estate.
Fixed & Deferred Fees
Most people can’t afford big legal bills. You shouldn’t be worried about money when a loved one dies. In most estates we manage, fees are taken entirely from the estate once the assets become available.
The other unique approach or firm takes towards billing is that it does not provide time charged services. We only provide fixed fee quotes which never change. This avoids cost blow outs and over servicing which regrettably does occur within the legal profession.
The purpose of the meeting is to assist families to navigate the minefield of bureaucracy. If nothing more, we hope to help families understand the processes of winding up an estate from start to finish so that they are at least off on the right track.
We can assist our clients to send identification, approve quotes and cost agreements all at the press of a button. Secondly, our firm has developed long standing relationships with other professionals including but not limited to accountants, realtors, valuers, auctioneers and conveyancers.
In some cases, the Will itself is defective. This complicates the application process. For example, the Will may not have been properly executed. The Will may contain marks, staple holes, or other damage, which raises a presumption that something was attached to it. The deceased may have suffered dementia prior to the date of their death.
This raises the court’s curiosity as to whether, or not, the deceased had capacity to understand the will on the date it was signed. These kinds of applications require specialised affidavits.