Wills And Estates

The Executor is the person(s) who has been named in the Will to administer the deceased person’s estate. The Executor is responsible for notifying all relevant authorities and asset holders, collecting the assets of the estate, paying any debts and expenses of the estate and distributing the assets in accordance with the Will.

An Enduring Power of Attorney (Financial) allows you to appoint a person(s) to handle your legal and financial affairs in the event of your incapacity. An Enduring Power of Attorney (Medical Treatment) allows you to appoint a person to make medical decisions on your behalf in the event that you are unable to make those decisions yourself (by reason of being incapable of doing so). Your attorney must be at least 18 years of age and must have the capacity to act as your attorney.

If you become unwell and require assistance in the management of your affairs, it is important that you have an Enduring Power of Attorney (Financial) in place. If not, the Victorian Civil & Administrative Tribunal (VCAT) will appoint an Administrator to manage your legal and financial affairs. VCAT may not however, appoint your preferred person.

A Grant of Probate is a certificate granted by the Probate Division of the Supreme Court of Victoria confirming that the deceased’s will has been proved as valid and that authority to administer the estate has been granted to the Executor.

A Grant of Letters of Administration is a certificate granted by the Probate Division of the Supreme Court of Victoria when a person dies without leaving a valid Will. The certificate confers on the Administrator the powers and duties necessary to administer the estate according to the laws of Victoria which govern the distribution of property in the absence of a valid Will.

Pursuant to Victorian law, you must satisfy certain criteria in order to then be able to make a claim for further provision from the estate of a deceased person. Some of the factors taken into consideration include the nature and length of your relationship with the deceased person, the size and nature of the estate, your financial resources and earning capacity and any contributions made by you for the benefit of the deceased person. As claims of this nature are assessed on a case by case basis, please contact our office and a member of our Wills and Estates team will review your particular circumstances and provide you with the requisite advice.

A Will enables you to give clear instructions regarding the distribution of your property after your death. It allows you to give specific items of property to named beneficiaries and it enables you to appoint a guardian for any minor children. A Will also enables you to appoint the person(s) you trust to administer your estate in accordance with your wishes.

If you die without having signed a valid Will, your property will be distributed in accordance with the legislative provisions and the distribution will be managed by a Court-appointed Administrator (who may not have been the person you would have preferred).