What is probate?
A Grant of Probate is verification from the Court that the last will of a deceased person is valid, and identifies who of the executors appointed by the will are. The Grant provides authority to the executor to deal with particular agencies and asset holders such as banks, share registries, the land titles office and the Australian Taxation Office to deal with estate assets.
What is ‘parchment paper’ and why do I need it for probate?
Traditionally the Supreme Court of Victoria issued hard copy grants, which were stapled to thick cardboard called ‘parchment’. You needed to provide your own parchment in order to obtain the grant.
In 2020 the Supreme Court of Victoria moved to issuing online grants only through RedCrest. Your solicitor is still able to provide you a certified copy of the grant after inspecting the “original” held in RedCrest.
Digital grants, and copies of them, can be distinguished from copies of hardcopy grants, because the digital grants now include a unique identifier in the bottom right-hand corner.
When is Probate required in Victoria?
Probate is required any time an asset holder or agency requires it in order to recognise the executors or deal with the assets. Usually such agencies would include a bank, if the deceased person held an account there over a certain value (usually about $50,000 and sometimes less), share registries if there was a large portfolio of shares, and the land titles office any time a deceased person owns real estate.
Executors may also wish to obtain a grant if they believe it is likely a creditor or other person, such as a family member, might make a claim on the estate. This is because a grant provides some level of legal protection to executors who act in good faith where there is later a successful claim against an estate.
When is probate not required in Victoria?
Probate is not required in instances where an estate is small, there is not expected to be any trouble from creditors or other people, or where the agencies are all happy to release assets to the executors without a grant.
Do I need to obtain probate?
Perhaps. We recommend executors obtain a grant of probate any time they are concerned about a creditor or other person making a claim on the estate, if they are concerned that the will might not be valid, or if they are aware asset holders will require a grant to release those assets.
An executor may apply for a grant of probate without a lawyer. However, executors normally seek the assistance from a lawyer given the formalities involved. Any costs incurred as part of this are costs of the estate.
Who is entitled to apply for a grant of probate in Victoria?
The executor named in the will is entitled to apply for a grant of probate. If there is no will, or an issue with the will, then you may not be able to get a grant of probate. We can help you with unusual or more complex grants.
How long does probate take in Victoria?
Once the documents are lodged with the Supreme Court, the application usually takes 2-4 weeks to progress. This can be slightly longer during Christmas or Easter, although the Court usually remains open at those times. Note that the longest part of the application process is usually waiting for the death certificate from births, deaths and marriages. This can take 6-8 weeks after date of death to arrive, and is required before the application for probate can be made.
Can you get a reseal of probate in Victoria?
Yes. It is possible to apply for a reseal of probate from any Australian or Commonwealth jurisdiction in Victoria. A reseal is confirmation that a grant of probate made in another jurisdiction is recognised in Victoria.
When do I need to get a reseal of probate in Victoria?
Typically an executor will only require a reseal if the deceased person held real property (eg. a house) in Victoria, and the executor has also had to apply for a grant in another state or territory. Most banks and share registries are able to recognise grants from other jurisdictions without requiring a reseal.
Probate Lawyers Melbourne
Gillian Hunter
Director – Wills & Probate Lawyer
Gillian brings empathy to her practice and is focused on preserving relations in the resolution of disputes, where possible.
Revered by the legal fraternity, Gillian is a former member of the Elder Law and Succession Committee for the ACT law society, where she contributed to the development of legislation and education to protect elderly and vulnerable members of the community.
Gillian is a self-confessed Wills and Estates tragic who finds satisfaction in harnessing her acute knowledge of the applicable legislation and case law to procure good outcomes for her clients.
Gil’s mantra is “conversations should be bridges, not battlefields” and she applies this in her dealings with other lawyers, to bring about innovative and prompt resolutions.
Jessica Win
Wills & Probate Lawyer
When it comes to estate litigation matters, Jess is capable as both a strategist and a tactician. Having also operated in probate and administration for her whole professional career, Jess manages disputes to both engineer the most commercial and meaningful outcomes for clients and ensure that these ideal outcomes can practically take effect. Jess is passionate about guiding her clients throughout the whole litigation experience, from providing initial advice to carrying out any final work following the finalisation of a dispute.
Jess is also a big proponent of a multidisciplinary approach to problem-solving. Jess has a developed understanding of both property and tax law which assists clients in understanding how certain outcomes may affect their financial positions in both the short- and long-term, both in estate planning and in dispute resolution.
Anastasios Nicolaidis
Wills & Probate Lawyer
Taso has been taking care of the legal needs of individuals for over a decade. His experience includes drafting wills, handling deceased estates, navigating commercial disputes, assisting with property transactions, and civil litigation (estate and general).
When it comes to disputes, he strives to deliver. He delivers advice in a way that ensures clients appreciate the benefits and risks. His calm and thorough approach to litigation makes him a formidable and respected opponent.