Throughout the Process We are Here to Provide You with Guidance & Support

With over 18 Years experience in wills, deceased estates, and estate planning we honored to be your trusted advisors 

Discover our Commonly Asked Questions

Need more advice on a particular matter? Look through our range of commonly asked questions. Can’t find what you are looking for? 
Book a Free 15-Min Consultation with At Home Legal  

A will is a legal document that a person makes to provide for an executor to administer his estate to discharge liabilities and to distribute to beneficiaries.

There are 2 powers of Attorney that can be made in Victoria. One for medical decisions and treatment the other for guardianship and financial and legal matters.

Powers of Attorney are useful in old age, in case of disability and to specify your wishes and the agent of your choosing.

If you do not have these documents in place then an application will need to be made to VCAT for an agent to be appointed.

A grant of probate is required in order for the executor to have the authority to manage the assets of the asset including selling shares and real estate and closing bank accounts.

Comprehensive review of all your assets including trusts and superannuation to ensure tax effective succession to your beneficiaries. 

The cost of Estate Planning varies on a case by case basis, we are pleased to offer a free Estate Planning Quote Estimator, you can calculate your price here

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The Following Checklist Can Help you Determine if You’re Prepared:

  • Do you know where to find the Will?
  • What if there is no Will?
  • Do you know what to do with the deceased bank accounts?
  • What do I do with company assets and superannuation?
  • What are my Legal obligations as an Executor?
  • What information must I provide to the beneficiaries?
  • What records must I keep?
  • Can the Will be contested?
  • Do you Understand all the clauses of the Will?
  • Do you know how to obtain probate or letters of administration?
  • How do you administer the estate after Probate?
  • Do you know how to deal with the beneficiaries of the estate?
  • When can I distribute the estate to the beneficiaries?
  • Could You Deal with a Claim Being Made Against The Estate?

If you are experiencing difficulty with any of the questions above then you should seek assistance, by booking in a 15 minute consultation with our team for support in your role as executor.

Yes. However, having a legal practitioner to obtain a grant in a timely manner takes a lot of stress off your shoulders.

I also provide legal support with the administration of the estate after a grant of probate has been obtained. This involves personable guidance as to how to redeem assets, manage the beneficiaries, distribute the estate and minimise personal liability.

You don’t have to do this alone! If you would like some assistance, please book in a 15 minute consultation with our team for support in your role as executor.

Applying for a grant of probate or letters of administration (where there is no Will) involves a number of legal documents to be prepared. Among these are an Affidavit of Executor, Inventory of Assets & Liabilities and advertising online.

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Now is the perfect time to make a Will. Save your family from stress and extra legal fees by having a valid Will in place. If you are separated or newly married a Will is an essential!

For example, if you are newly married you should not just assume everything will go to your spouse. You need a Will to ensure it does.

Yes. It is always prudent to have a lawyer review your Will because, over time, your beneficiaries and Executors may need updating as you experience changes in your life journey.

For example, at the time you first wrote your will, you may have had your sibling as the Executor, because your children were under 18. Now that your children are adults, they can take on the role of Executor.

You may also now have grandchildren that you want to include in your Will.

Why is Estate Planning Important?

It is important to many people to properly provide for each of loved ones and to do so in a robust manner. It is far more costly to administer an estate without a Will or in the case of a defective will. Family members may be encouraged to contest a Will if they are not properly provided for, if the will is defective or has not been updated.