Practice area
Guidance for executors and beneficiaries on obtaining probate in Victoria, administering a deceased estate, dealing with the ATO and the practical steps required from death to final distribution.
Featured in this area
An overview of an executor's legal duties, common pitfalls, and how to administer a deceased estate properly under Victorian law.
What probate is, when it's required, and the practical steps executors must take to obtain a grant of probate in the Supreme Court of Victoria.
Learn the difference between mutual wills and mirror wills, how they work, and whether they are suitable for couples and blended families.
Learn when Letters of Administration are required, who can apply, how the Supreme Court process works and how estates are administered in Victoria.
When the Supreme Court of Victoria will recognise an informal document — including a text message, email or computer file — as a valid will under the Wills Act 1997 (Vic).
What intestacy means in Victoria, who administers an estate without a Will, how Letters of Administration work, and the statutory rules that decide who inherits.
When an executor is entitled to payment in Victoria — reimbursement of expenses, commission clauses, beneficiary agreement, court-approved commission, 'pains and trouble', and common disputes.
When a Victorian executor can administer a deceased estate without a grant of probate — small estates, jointly held assets, institutional requirements, and the personal risks executors should weigh.
A practical guide for Victorian executors and accountants on final tax returns, estate tax returns, CGT during administration, refunds, debts and the most common executor mistakes.
Why the Australian Taxation Office sometimes requires probate before releasing information about a deceased person — what executors can do to establish authority and avoid delays.
When a Victorian executor can claim a deceased person's tax refund without a grant of probate, how to establish authority, and the risks of distributing funds too early.
How beneficiaries can vary the distribution of an estate after death in Victoria — executor risks, duty and capital gains tax considerations, and when independent advice is essential.
Who has the legal right to arrange a funeral in Victoria, whether recorded wishes are binding, documentation, costs and the scattering of ashes.
