Grant of Probate | Will Provisions

Most wills include provisions in which the will maker appoints one or more persons to be their executors with responsibility to administer the estate after they die. The executor will often have to apply to court for a grant of probate. At Argon Law we can help with that process or any other aspect of estate administration.

More Information

Most wills include provisions whereby the will maker appoints one or more persons to be their executors, with responsibility to administer the will maker’s estate after they die.

In many cases, once the will maker does dies, the executors need to apply to a court for what is called a grant of probate, which is official recognition that the will is valid and enforceable.

The tasks of an executor include arranging for funds deposited or invested with banks or other institutions to be released.

Those institutions will generally insist on seeing proof that probate has been granted before releasing funds, however, many will have a threshold value below which they will release funds on sighting only a certified copy of the will and the death certificate.

Executors don’t automatically need to obtain a grant of probate. If the estate is only small you may be able to avoid the expense of applying for a grant.

However if a grant is required then the process involves proving to the Supreme Court that the will is the last will of the person who has died.

The process includes advertising your intention to make the application and then, no less than 2 weeks later, lodging all relevant paperwork including supporting affidavits, with the court.

If you would like more information on the grant of probate then please contact us on 07 5443 9988 or [email protected].

Argon Law is a Sunshine Coast law firm based in Maroochydore.  We are commercial lawyers and property lawyers and are eager to assist you in any way we can.


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