Probate and Deceased Estates

A Guide for Executors


At Dwyer Legal we understand that dealing with a deceased estate is one of the more difficult challenges in life. From mountains of paper work to legal jargon and simmering family disputes, they’re the last things you want to deal with when you’re grieving the loss of someone important in your life.

So, let us help you by:

  • Interpreting the Will of the deceased in terms of estate laws
  • Advising executors and trustees in regard to their duties and rights
  • Applying for Probate of the Will in the Supreme Court
  • Dealing with intestacy (where there is no Will)
  • Applying for Letters of Administration (if the Will is deemed invalid or is absent)
  • Identifying estate assets and liabilities
  • Obtaining valuations of estate property
  • Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts
  • Selling or transferring estate property including estate auctions
  • Paying estate debts including mortgages, funeral costs, and testamentary expenses
  • Advising in regard to family and testamentary trusts
  • Administering trust funds
  • Distributing bequests and inheritances to beneficiaries
  • Organising information for estate tax returns
  • Family mediation and negotiation
  • Contesting wills and defending estate litigation in the Supreme Court

Contact us to find out more or to arrange an appointment.

Frequently Asked Questions

What is Probate?

Probate is a document issued by the Supreme Court of Victoria certifying the Will’s validity and confirming the appointment of an Executor to administer the deceased estate.  The Court requires proof that the Executor appointed in the Will is alive, willing and competent to undertake the tasks involved.  Also, it is important to verify that the document is the last Will made by the deceased and that there are no objections to that Will.

Why is Probate important?

Without Probate, the Executor of the Estate cannot transfer certain assets (such as real estate) to beneficiaries.  Without Probate the Executor does not have the authority to administer the Estate.

Meet our Probate and Deceased Estates Team

Jo McCormack
James Ryan
Ebony Reynolds
Tanya Howard

Contact Us

67-69 Kepler Street Warrnambool VIC 3280
03 5562 1044