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Probate and Grants of Representation
What is Probate?
A Grant of Probate is a document issued by the Court that, amongst other things, declares that the Will the
 Executor intends to administer is the deceased’s final Will.
How will Probate help me?
Importantly, a Grant of Probate will help to protect an Executor against
claims from beneficiaries under any subsequent Will. If properly advertised an executor will also be protected against creditors of the deceased who failed to notify the Executor of their claim within the statutory period.
What if no one is named as executor?
If there is no Will or if the person named in a Will as executor is not the person applying then a Grant of Administration known as Letters of Administration
is usually issued.
Who pays for the cost of probate?
In most cases an estate lawyer’s
fees are paid from the estate and not by the personal representative.
Ellison Moschella & Co can assist with the preparation, advertising and lodgment of these documents.
Acting as an Executor or under a Grant of Representation of another kind brings with it significant obligations, personal risk and potential liabilities.
An experienced estate lawyer will protect you from possible risks and liabilities by ensuring the estate is administered properly.
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