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Probate Process

  • October 20, 2023

Home " Legal Blog " Wills and Deceased Estate Administration " Probate Process

Probate Process

Understanding Wills

A will is a structured document detailing how an individual wishes their assets to be distributed upon their death.

The creation of a Will is essential to ensure that a person's assets are distributed according to his or her wishes after death. Regardless of any changes in name or address after the creation of a will, its validity remains unchanged until it is revoked or replaced by a subsequent version.

It's worth noting that beneficiaries - people who are scheduled to inherit under a will - retain rights to assets even if their names or addresses change. However, they may need to verify their identity. Missing dates will not affect the authenticity of the will.

In addition, the term "will" includes formal amendments or additions to an existing will, called codicils.

Defining an individual's assets

The collection of assets owned by a deceased individual - including land, tangible goods, shares, legal documents, monetary assets and digital property - is referred to as their "estate".

A will usually designates one or more individuals, called executors, who are responsible for carrying out the distribution of assets after death in accordance with the instructions. Although the maker of the will should obtain the consent of the chosen executor(s), the will remains valid even if no executor is named. In this case, the primary beneficiary usually acts as the "administrator with a will".

However, the executor can only dispose of property after the will has been validated by a specialised probate judge or probate registrar. This validation is known as a "grant of probate" and the validation document is known as a "grant of probate".

Explaining Probate

In this context, "probate" refers to the process of formalising the legality of a will. It is not the same as "probate tax", which used to be a government-imposed fee at the time of death. Currently, there is no state or national obligation to tax property for what is known as "probate" or "estate tax". If you have any questions, please contact the experienced lawyers at Chua, Hing Wong & Associates atclick hereLearn more, orContact UsOffice. Address Level 2, 262 Queen Street, Melbourne 3000, Phone 96023988

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