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Need to administer, defend or contest a Will?

Administering an estate, or needing to defend or contest a Will after losing a loved one can be emotional and complex. Our expert Wills & Estate lawyers will guide you through the process and take some of the weight off your shoulders.

We can consult with you in person or via video call. And, in most cases, our fees are paid by the estate.

At Maurice Blackburn, we have the experience you can count on.

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Administering a Will

If you have been appointed by a Will to administer an estate, you are known as the executor. As executor you are responsible for calling in the assets of the estate, paying any debts and liabilities from estate funds, and then distributing the estate assets, according to the terms of the Will.

Usually, the first step is to apply for a Grant of Probate*, which is an order from the court that confirms a Will is valid. Our probate lawyers will tell you if you need Grant of Probate, as well as help you with other executor tasks including:

  • Drafting the court application
  • Assisting with the collection of the estate assets
  • Paying estate liabilities
  • Distributing the estate

We offer a flat fee which is paid by the estate.

*This is a type of Grant of Representation

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Woman on computer
Administering a Will

If you have been appointed by a Will to administer an estate, you are known as the executor. As executor you are responsible for calling in the assets of the estate, paying any debts and liabilities from estate funds, and then distributing the estate assets, according to the terms of the Will.

Usually, the first step is to apply for a Grant of Probate*, which is an order from the court that confirms a Will is valid. Our probate lawyers will tell you if you need Grant of Probate, as well as help you with other executor tasks including:

  • Drafting the court application
  • Assisting with the collection of the estate assets
  • Paying estate liabilities
  • Distributing the estate

We offer a flat fee which is paid by the estate.

*This is a type of Grant of Representation

What if there’s no Will?

With only about half of Australians having a legally-valid Will, it’s not uncommon to administer an estate without a Will.

In situations where there is no valid Will, an application for Letters of Administration* will need to be made to the court.

Letters of Administration give legal authority to a person (called the Administrator) to administer an estate when an executor has not been appointed due to the absence of a Will, or where the nominated executor has died and the Will did not appoint a substitute. The Administrator is usually the person who is entitled to the estate, such as a spouse or dependant, or the next of kin of the deceased.

Our Wills & Estates lawyers will tell you if you need Letters of Administration, as well as assisting with tasks such as:

  • Drafting the court application
  • Assisting with the collection of the estate assets
  • Paying estate liabilities
  • Distributing the estate

We offer a flat fee which can be claimed against the estate.

*This is a type of Grant of Representation

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Is the Will being challenged?

If you’re the executor of a Will that’s being challenged, our expert legal team can help you. We know this can be a stressful process and we will work with you to achieve an appropriate outcome.

Our goal is to handle the case sensitively and guide you through the litigation process. Most Will challenges can be resolved by negotiation before a court hearing and we will handle these negotiations for you.

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If you need expert legal help defending a Will, we take calls 24/7. Get in touch on 1800 111 222.

Female Laywer
Couple hugging
Is the Will being challenged?

If you’re the executor of a Will that’s being challenged, our expert legal team can help you. We know this can be a stressful process and we will work with you to achieve an appropriate outcome.

Our goal is to handle the case sensitively and guide you through the litigation process. Most Will challenges can be resolved by negotiation before a court hearing and we will handle these negotiations for you.

If you need expert legal help defending a Will, we take calls 24/7. Get in touch on 1800 111 222.

Disputing a Will

If you’ve been left out of a Will or feel that you haven’t been adequately provided for, you may be eligible to challenge the Will. Our expert lawyers will handle your case discreetly as we know how sensitive these matters can be.

We have a long history of success in settling Will disputes in Australia; most of our cases are settled by way of negotiation before a court hearing – so you’re in safe hands.

Your first consultation is obligation-free, so it doesn’t cost anything to know where you stand.

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