Frequently Asked Questions

Our $1,750 fixed-fee probate service is available for eligible standard grant applications. The agreed scope will be confirmed with you before engagement. Complex or contested matters, work outside the agreed scope and applicable disbursements may involve additional costs.

Court filing fees are not included in the $1,750 fixed fee and may be additional. Advertising fees, searches, disbursements, complex or contested matters and work outside the agreed scope may also incur additional costs. The applicable costs will be confirmed before engagement.

A Grant of Probate is generally sought by an executor named in a valid Will. Letters of Administration may be required where there is no valid Will or where another person is authorised to administer the estate. The appropriate grant depends on the circumstances and the laws applying in the relevant Australian state or territory.

No. Not every estate requires a grant of probate. Whether probate is necessary can depend on factors such as the assets involved, their value, how they are owned and the requirements of the relevant institutions. The requirements also differ between Australian states and territories.

The timeframe for probate can vary depending on the jurisdiction, the circumstances of the estate, the required notice and advertising periods, court processing and whether any issues arise with the application. Estates Now can help you understand the process and requirements that may apply to your circumstances.

We prepare applications promptly once the required information and documents are available and lodge them after the applicable notice and court requirements have been satisfied.

Full deceased estate administration involves managing the broader process of administering an estate. This may include identifying assets and liabilities, dealing with relevant organisations, obtaining probate or another grant where required, addressing debts and expenses, dealing with beneficiaries and distributing the estate.

Yes, Estates Now can provide legal assistance in relation to estates where there is no Will. This may involve matters concerning Letters of Administration and the administration and distribution of the estate under the applicable intestacy laws. The appropriate process depends on the circumstances and jurisdiction.

If an estate is disputed, the appropriate steps will depend on the nature of the dispute. Issues can include the validity or interpretation of a Will, claims against an estate, beneficiary disputes or concerns about an executor’s decisions. Obtaining legal advice can help you understand your position and the options available.

A testamentary trust is a trust established under a Will that operates after the Will-maker’s death. It can be used as part of an estate plan to provide for beneficiaries and manage how certain assets or benefits are distributed. Whether a testamentary trust is appropriate depends on your circumstances and estate-planning objectives.

You should consider reviewing your Will when your circumstances change. This may include marriage, separation or divorce, the birth or death of a family member, changes in your assets, changes to your intended beneficiaries or other significant life events. Regular reviews can help ensure your Will continues to reflect your wishes.

Estates Now may be able to assist clients remotely using telephone, email and other agreed communication methods, depending on the nature of the matter and applicable requirements. Please contact us to discuss your circumstances and whether remote assistance is suitable.

Estates Now services clients in QLD, NSW, VIC and WA, subject to the nature of the legal matter and applicable jurisdictional requirements.

The applicable legal fees, scope of work, exclusions, disbursements and payment arrangements will be discussed and confirmed before engagement where required. Depending on the matter, these details may be documented in the applicable costs disclosure and/or costs agreement.

After you submit an enquiry, Estates Now will review the information provided and determine the appropriate next step. We may contact you to obtain further information or arrange a discussion about your circumstances.

Submitting an enquiry does not by itself create a solicitor-client relationship. A legal engagement occurs through Estates Now’s formal engagement process.