When winding up an Estate or simply planning your Estate matters, there can be many steps and much information to consider.

At South East Lawyers, our professional, experienced, and down-to-earth team can help you understand your responsibilities and the flexible options available. With us, you can create a plan that serves you and your loved ones well and get through this sensitive and sometimes challenging part of life with our full support.

Here are the services we offer:

  • Reading of the Will

  • Probate and Letters of Administration Applications

  • Administration of small and large Estates

  • Superannuation and life insurance claims (testator family maintenance claims)

  • Estate Litigation for beneficiaries, including Will challenges

  • Estate Litigation for Executors, including Will challenges

  • Testamentary trust creation and administration

To help you, we’ve developed a FREE downloadable Executor Information Booklet that will help you set our your end-of-life wishes.

Find out more

Frequently asked questions

 
  • A deceased estate lawyer helps manage and administer the estate of a deceased person. This includes guiding executors through probate, resolving disputes, handling tax matters, and ensuring the estate is distributed according to the will or applicable laws.

  • Probate is the legal process of proving a deceased person’s will and obtaining the Supreme Court’s approval to appointment of the Executor, post death.  It is required when a person passes away with assets exceeding $50,000.00.

  • The Probate process, including administration of the Estate can take 6 months to over a year, depending on the size and composition of the estate, and whether there are any disputes or complications.

  • A testamentary trust is a trust created by a will that comes into effect upon the willmaker’s death. It manages and distributes assets according to the terms set out in the will.

  • Yes, a will can be contested on grounds such as lack of mental capacity, undue influence, improper execution, or fraud.  A will can also be contested if the willmaker has failed to make proper provision for a spouse, child, grandchild or dependent.  A deceased estate lawyer can help address and resolve such disputes.

  • Common costs include funeral expenses, legal fees, court costs, executor’s fees, accounting fees, and any expenses related to maintaining and valuing the estate’s assets.

  • Not generally.  Superannuation is usually distributed in accordance with a Binding Death Benefit Nomination made by a deceased person (if any), or in accordance with the superannuation fund rules.

next steps

Want to work with our estates team? Reach out today to arrange a free initial consultation.