Probate & Deceased Estates

When a person dies, somebody has to deal with their deceased estate. Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. An application for a grant of probate (or letters of Administration if there is no Will) is the first step in the legal process of administering the estate of a deceased person, resolving all claims and distributing the deceased person's property under a Will (or in accordance with the laws of intestacy).

Related areas

If the deceased made a valid Will appointing an Executor, the application to the court will be for a grant of Probate to enable the Executor to administer the estate assets.

Our services include:

  • Advising you on the validity and terms of the Will
  • Advising you on possible claims against the estate
  • Advising you on your rights and obligations as an executor
  • Inquiries/correspondence relating to assets and liabilities of the deceased
  • Arranging valuations of estate assets
  • Advising you on the distribution of estate assets
  • Advice on tax issues concerning the distribution of the estate and sale of estate assets
  • Preparation and advice on deeds of family arrangements
  • If the deceased did not leave a valid Will or the Will does not name an executor, you may wish to obtain a grant of Letters of Administration to enable you to administer the estate assets.

    Our services in this area include:

  • Advising you on your rights to apply for a grant of Letters of Administration
  • Advising you on your rights and obligations as an administrator of an estate
  • Inquiries/correspondence relating to assets and liabilities of the deceased
  • Arranging valuations of estate assets
  • Preparing the court application for a grant of Letters of Administration
  • Advising you on the distribution of estate assets
  • It's important to have the right emotional and professional support during difficult times. Ideally, this support should take as much stress away from you as possible. Fort Knox Legal can provide the needed support and advice to you as executor/administrator of a deceased estate.

    Being the executor of a Will or the appointed administrator is a responsible position, which may trigger liability. You therefore want to ensure that you satisfy all your duties and exercise your rights in the proper manner. We have extensive experience in this area.

    Our services include:

  • Advising you on the validity and terms of the Will
  • Advising you on possible claims against the estate
  • Advising you on your rights and obligations as an executor or administrator
  • Sorting through documents of the deceased
  • Inquiries/correspondence relating to assets and liabilities of the deceased
  • Arranging valuations of estate assets
  • Advising you on the distribution of estate assets
  • Advice on tax issues concerning the distribution of the estate and sale of estate assets
  • Preparation and advice on deeds of family arrangements
  • The passing of loved one or business associate is an emotionally difficult time for those involved and even more so, if faced with a dispute. In these circumstances, our litigation lawyers provide support as experienced mediators who are frequently faced with interesting and unique circumstances that require creative solutions.

    Are you:

  • Concerned about the distribution of assets of an estate?
  • Unsure if the executor or administrator is acting appropriately?
  • Needing to transfer control of an estate?
  • Dealing with significant liabilities of a deceased estate?

  • Fort Knox Legal has the experience and knowledge to help you understand and cope with the complexities of estate litigation. We can advise you of your options and provide support and representation through the dispute resolution process.

    More Questions?

    Please contact:
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      Marnus Smalberger

      Admitted as a barrister and solicitor of the Supreme Court of Western Australia and the High Court of Australia and holds a Master of Laws majoring in Wills & Estates.

      T: (08) 9200 1833

      marnus@fkls.com.au

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