Probate & Deceased Estate Administration

A grant is usually needed whenever some formal or important step needs to be taken on behalf of the estate of a deceased person. This varies from estate to estate. A grant will always be needed if the deceased person had real estate in his or her sole name, or other substantial assets in his or her own name.

Simply because the original Will cannot be found does not mean that the Will fails. If it was last seen in the hands of the deceased, a Court might take the view that the Will was cancelled by the deceased destroying it. That is not always the case though, for example the Will might not have been in the possession of the deceased when it was lost. The answer depends very much on the specific circumstances.  If a photocopy of the Will is available the administration of the estate can sometimes proceed based on the terms of the photocopy.

Many people have a right to see the Will of a person who has died. The circumstances vary depending on the relationship of the deceased to you, when the deceased died and when the Will was made. We can give advice on your specific circumstances. Once the Will is lodged with the Registrar of Probates and a grant made it becomes a public document and can be inspected at the Registrar’s office. Sometimes time is important and it is better to lodge a caveat at the Registrar’s office and obtain a copy of the Will once the Registrar lets you know that the grant application has been lodged. Lodging a caveat is not a step to take lightly and should only be done if you have consulted us about your position first.

If you are a beneficiary of the Will you are entitled to know the progress of the administration and to be provided with accounts by the executor. Often though executors do not provide this information and if a beneficiary is concerned then the executors can be made to comply with their obligations.

You can bring an application in the Court for the executor to show cause why he or she should not be replaced with another person to administer the Will. The administration of an estate cannot be held up simply because an executor fails to start his or her task.