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 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 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.
