Information On Wills And Probate In Victoria, Australia

 When someone dies they often have things that need to be sorted and managed that they have left behind such as debt, assets or property. This is in legal terms their estate. When they have left behind a valid will then that estate is handled by the person or persons named as the executor of the will. If there is not a will that is legally valid then the person’s next of kin is responsible for handling and administering the estate. They have to make sure debts are paid, and after that, the assets left are distributed in a way the deceased wanted where there was a will or according to the laws where there was not. To find out more about wills and probate, Victoria Australians can visit the Probate Office or their website.

Letters of administration and probate                                         

Letters of administration and grants of probate are when together called grants of representation. This gives a person the right legally to handle the estate of someone who has passed. A probate is a document, a legal one that indicates a will is valid and that the person can act upon it to carry out the deceased person’s wishes. When there is no will then letters of administration are issued by the probate office Melbourne or anywhere else in Victoria. Victoria’s Supreme Court has complete jurisdiction over whether a will is legally valid, the administration of estates and who will be the administrator or executor of the estate. 

The probate office

It is the probate office that handles all applications for grants of administration and probate, and keep a register of the grants the Court issues and of wills placed with the Court to keep safe. They can give information about the application process and wills and probate Victoria but not tell you how to handle the estate.

What is a reseal and who can apply?

When someone does and there are assets that need to be sorted out across more than one jurisdiction then a reseal may be needed. When you have a grant of representation resealed in Victoria it is then effective in the other locations. Resealing applies to other states and territories in Australia as well as in certain relevant areas overseas. To get resealing the person applying must provide to the probate office Melbourne or where they are the grant of representation, a sealed and certified copy of the grant or an exemplification.

The application can come from a person authorised to do so legally, the administrator or executor or by a lawyer on their behalf. In Victoria is most common for the application to come from a lawyer. They swear that they have been ordered to do so by the administrator or executor of the estate who wants the grant resealed, with a supporting affidavit. It is not legally required for them to have that in writing from the executor or administrator. The affidavit is enough.