Probate

At KMK Legal we can make an application on your behalf for a Grant of Probate, or Application for Letters of Administration (where there is no Will).

We can assist legal personal representatives appointed to that role by being named as the executor in the Will or, if there was no Will, by being appointed administrator of the estate by the Supreme Court.

The role of legal personal representative is a responsible position and involves a number of tasks, including:

• Making the necessary funeral arrangements;
• Obtaining a Grant of Probate or Grant of Letters of Administration;
• Clarifying the terms of the Will;
• Handling any litigation that may arise;
• Collecting and preserving the assets of the estate;
• Finding out any liabilities of the estate;
• Attending to tax issues;
• Keeping proper and accurate records;
• Keeping the beneficiaries informed;
• At times, acting as a trustee for many years where beneficiaries are minors;
• A duty to obey the terms of the Will;
• A general duty to complete administration of the estate within one year (but not necessarily distribute funds before that time).

Following a Grant from the Supreme Court of Victoria, the estate needs to be administered by collecting in the assets, arranging payment of any liabilities and attending to distribution of funds to beneficiaries. 

At KMK Legal we can assist you through the process and carry out many of these tasks for clients who are legal personal representatives of an estate. We can also advise you about the role of a legal personal representative, whether it is because you have been appointed into that role, or if you are a beneficiary who is concerned about the management of an estate by the legal personal representative.