When a loved one passes away, it is important to honour their memory and legacy, as well as fulfil the wishes set out in their will. Our estate lawyers are compassionate to families who have experienced a recent loss, and are experienced in guiding families through the grant process to settle their loved one’s estate.
Our Practice Areas
Probate & Letters of Administration
We Can Assist With
What is Probate?
Probate is the legal process that confirms the validity of a Will and grants the executor the authority to administer the estate according to the directions in the Will. Although appointed by a Will, an executor does not have the authority to act until probate is granted. This allows third parties such as banks to trust they are communicating with an authorised executor.
Why might I need Letters of Administration rather than Probate?
Letters of Administration are issued by the Supreme Court of Victoria when a person dies without a valid will (intestate). They can also be issued when the appointed executor is unable or unwilling to administer the deceased's estate, or if the original will is lost and only a copy is able to be located, and sometimes in more unusual circumstances. Letters of Administration will authorise a person (often a beneficiary of the estate) to act as the administrator of the estate, in a similar way to an executor.
How can Ferraro & Singh help?
We approach each situation with a view to finalising an estate smoothly, avoiding legal expenses and court costs where possible.
Throughout the administration process we will provide you with our extensive legal expertise, preparing and lodging the necessary documents, resolving any disputes that arise, valuations of any assets, settling debts, and distributing the estate.
How can we help?
Frequently Asked Questions
Does the law firm who prepared the Will have to oversee the application for a grant of representation, or can you use another law firm?
No, you don’t have to use the same law firm that prepared the Will. You have the flexibility to choose a law firm or legal representative that you trust to assist you with obtaining a grant and administering the estate. It is important to choose a law firm with experience in estate administration to ensure a smooth and efficient administration of the estate.
In my loved one’s Will, the named executor is unable to fulfil their duties. What can I do?
There are a number of options open to a named executor that is unable or unwilling to administer the estate. We can help your family to select the right course of action for your situation. The important steps are to seek legal advice and ensure that any alternative arrangements go through the proper legal channels to avoid complications later on.
What happens if there are disputes among beneficiaries during the Probate or Letters of Administration process?
Disputes among beneficiaries can arise for various reasons, such as disagreements over distributions, challenges to the validity of the Will, or concerns about the conduct of the executor or administrator. Our experienced estate lawyers can help mediate and resolve disputes, guiding you through the legal options available to protect your interests and uphold the intentions of the deceased. By seeking legal assistance early on, you can address conflicts swiftly and ensure a fair and equitable distribution of the estate.
Our Probate & Letters of Administration Team
Gabriella Ferraro
Co-managing Partner of Ferraro & Singh LawyersPrincipal Solicitor, Estate Planning and Deceased Estates
Gabriella Ferraro
Co-managing Partner of Ferraro & Singh LawyersPrincipal Solicitor, Estate Planning and Deceased Estates
Gabriella Ferraro
Co-managing Partner of Ferraro & Singh LawyersPrincipal Solicitor, Estate Planning and Deceased Estates
Ania Cietrzewska
Paralegal
Ania Cietrzewska
Paralegal
Ania Cietrzewska
Paralegal
Kirtan Swamy
Paralegal
Kirtan Swamy
Paralegal
Kirtan Swamy
Paralegal
Olga Tatiana Holguin
Paralegal
Olga Tatiana Holguin
Paralegal
Olga Tatiana Holguin
Paralegal
Discover the difference.
You are always valued as an individual and your lawyer will understand your situation. We focus on resolutions, avoiding costly proceedings where we can.
The local community trusts us, recommends us, and has continued to engage our services for more than 30 years.
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