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.
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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.
A practical Australian guide for executors, beneficiaries, accountants and advisers on dividend reinvestment plans (DRPs) in deceased estates — how DRPs operate after death, Division 128 rollover, why rollover relief does not apply to post-death DRP shares, cost base consequences, CGT on transfers to beneficiaries and on sales by executors, estate income tax returns, record keeping and the executor mistakes we see most often.
A practical Australian guide for executors, beneficiaries, accountants and advisers on capital gains tax in deceased estates — Division 128 rollover, the main residence exemption, investment property, shares and post-death DRP units, in specie transfers, testamentary trusts, cost base record keeping and the executor mistakes we see most often.
A practical Australian guide for executors, beneficiaries and accountants on when a deceased estate must lodge an income tax return, when one is not required, how the estate return differs from the deceased's final personal return, estate TFNs, executor obligations, common mistakes and penalty risks.
A practical Australian guide for executors, beneficiaries, accountants and family members on who pays tax on estate income during administration — the administration period, executor obligations, beneficiaries presently entitled, trustee assessment, interest, dividends, rent, capital gains and testamentary trusts.
A practical Australian guide for executors, surviving directors, shareholders, accountants and family business owners on what happens to a company when a director or shareholder dies — ASIC, transmission of shares, sole director companies, replacement directors, the company constitution, shareholders agreements, buy/sell agreements and estate administration.
Executors have significant authority when administering a deceased estate, but beneficiaries may have concerns about particular decisions. Learn how disputes are commonly approached in Victoria.
Probate is often one of the first major steps in administering a deceased estate. Learn what can affect timeframes in Victoria.
Beneficiaries often want to know what information they are entitled to receive during estate administration. Learn about beneficiary rights in Victoria.
Beneficiaries are often surprised to learn that executors may have authority to sell estate assets in certain circumstances. Learn how the process works in Victoria.
An executor occupies a position of trust and must act in the best interests of the estate and beneficiaries. Learn about fiduciary duties in Victoria.
Being appointed as co-executors can help share responsibility, but disagreements can create significant delays. Learn how disputes between co-executors are resolved in Victoria.
Many executors spend significant time administering an estate. Learn when an executor may be entitled to commission or reimbursement in Victoria.
Beneficiaries are often concerned when an executor delays or mishandles an estate. Learn when an executor may be removed in Victoria and what alternatives may be available.
An executor named in a Will is not always required to act. Learn what happens if an executor refuses to act, renounces probate or needs to be replaced in Victoria.
A practical guide to mediation in Victorian estate disputes — when it occurs, how court-ordered mediation works, preparing for mediation, settlement deeds, costs consequences and what executors, beneficiaries and claimants should know.
How legal costs are allocated in Victorian estate litigation — family provision claims, capacity disputes, undue influence, probate caveats, estate-funded costs, Calderbank offers and personal liability.
How undue influence and suspicious circumstances are proved in Victorian will disputes — the difference between pressure, persuasion and coercion, the role of solicitor file notes and medical evidence, probate caveats, costs risks and practical next steps.
How testamentary capacity is assessed in Victorian will disputes, the Banks v Goodfellow test, dementia and Alzheimer's considerations, medical and solicitor evidence, suspicious circumstances, and costs risks.
When and how to lodge a probate caveat in Victoria — valid grounds, the warning-off process, costs risks and how caveats interact with family provision claims and executor disputes.
Answers to common questions about probate, letters of administration, executors, estate assets, funeral expenses, debts and deceased estate administration in Victoria.
Learn who can arrange a funeral in Victoria, what legal documents may be needed, who pays funeral costs, and how disputes about funeral arrangements may arise.
A deed of family arrangement can help beneficiaries vary how estate assets are distributed. Learn when it may be used, key risks, tax issues and when to seek legal advice.
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 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.
