PROBATE
When a person dies with a Will, an application to the Supreme Court is made for a Grant of Probate. Once the Grant is approved, a number of legal steps need to be taken:-
- Cash out bank accounts and Superannuation policies
- Transfer or sell property, shares and other assets
- Chase claims and receive compensation on behalf of the deceased.
- Pay the deceased's liabilities including liasing with the Accountant to organise a final tax return.
- Potential Beneficiaries need to be informed of the estate and their approval must be sought before any assets can be distributed.
ADMINISTRATION
When a person dies without leaving a Will an Administrator is appointed and makes application to the Supreme Court. This then allows the Administrator to gain access to the assets, collect them and then distribute them according to Statute.
All estates are subject to claims by potential beneficiaries not named in a Will or not included in an Administration. These Contested Will claims are known as Testator Family Maintenance Claims.
Whether you are applying as Executor for Probate, or as Administrator for Letter of Administration we are able to assist you through the entire process from initial advice, to fully distributing the estate.
RESEAL OF AN INTERSTATE OR FOREIGN GRANT OF PROBATE OR ADMINISTRATION
There are instances where a deceased person may not have been a resident of Victoria, Australia, but may have owned assets in the State of Victoria.
A reseal of the Grant of Probate or Administration application may be required by the Supreme Court of Victoria in order for the Executor, Administrator or their Lawyer / Attorney to gain control of the assets.
A reseal of the Grant of Probate can be dealt with as soon as the original grant of probate is obtained in the country of origin.
We are able to apply for a reseal of a Foreign Grant of Probate from any originating country (or state in Australia outside Victoria.
ASSETS
Assets held in Australia may include but are not limited to:-
- Property
- Shares
- Life Insurance and Superannuation Policies
- Funds held in accounts with banks and other financial institutions
- Non transportable property assets such as motor vehicles, boats and caravans etc
- Entitlements of other forms to intellectual property such as the transfer and sale of a licence, lease holding, caveat, mortgage, trademark, patent, copyright contract etc.
LIABILITIES
There may also be a need to discharge a liability in Australia. Funds may be electronically transmitted to our Trust Account in readiness for us to arrange for the discharge of any mortgages or other liabilities held against the deceased.
We act regularly for foreign law firms to assist them to complete the application process, to sell and collect the assets in Australia, and remit the funds to the foreign law firm's trust account for completion of their distribution.
Jack Cyngler is a member of:-
- STEP, the international Society of Trust and Estate Practitioners
- The Law Council of Australia
- The Law Institute of Victoria (Accredited Specialist)
Jack Cyngler has over 25 years experience in Probate and Administration Law. Jack is also a competent litigator, and can assist if your matter involves a dispute such as a Testator Family Maintenance (TFM) Claim.
Please do not hesitate to speak with Jack directly on +613 9523 8811 or email him on ckl@ckllaw.com.au. He will be able to discuss costs, timeframe and method of transmitting funds to you or your Lawyers' trust account before proceeding with the Application.
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