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    We picked the most highly specialised and talented lawyers

    At Chamberlains we’re with you when it comes to the administration of an estate. We have a range of professional, capable and friendly staff who are here to help at every step through this difficult time.

    Angela
    Backhouse

    Director

    Harold O’Brien

    Director

    Marissa Dimarco

    Director

    Our process

    01Initial Consultation & Estate Review

    We begin with a detailed discussion to understand the estate, the Will (if one exists), and your role as executor or administrator. This step allows us to clarify responsibilities and outline the legal process ahead.

    02Verification & Asset Identification

    Our team assists in verifying the Will and identifying all assets and liabilities of the estate. We ensure compliance with legal requirements and prepare the necessary documentation for probate or letters of administration.

    03Formal Engagement

    Once you approve the proposed approach, we formalize our engagement by confirming the scope of work, timelines, and fees. This step provides transparency and confidence that the estate will be managed correctly.

    04Administration & Distribution

    We handle the administration process, including obtaining probate, paying debts, and distributing assets to beneficiaries. Our team ensures everything is completed efficiently and in accordance with the law.

    05Finalisation & Ongoing Support

    After the estate is fully administered, we provide a clear summary of the process and advice on any remaining obligations. We remain available for ongoing support, including future estate planning or dispute resolution.

    Our services

    01 Probate

    Probate is the process of validating a Will through the Court, and is a process initiated by the executor nominated in the Will. It sets in motion the authority for the executor to start distributing assets to beneficiaries and to eventually wind up the estate.

    The complexity of what then follows will depend on the number, type and location of assets and debts that someone held when they died, applicable taxes, and the number of beneficiaries.

    If you are an executor, Chamberlains can help you comply with all the legal obligations in one of two ways:

    1. We can entirely administer a deceased estate on your behalf, starting with preparing the application for probate in the relevant State of Territory, to arranging for the sale of assets and distribution of funds to beneficiaries; or
    2. Alternatively, we can guide you through the process with our Executor Assist service.
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    Sometimes, when someone dies with a Will in place, there are problems with the Will, especially when they are not prepared by professionals. These flaws can be simple, but sometimes make the Will invalid. Depending on the type of invalidity, this can cause a great deal of stress when it comes time to administer the estate, where the wishes of the deceased might be clear, but technical problems mean that probate cannot be granted.

    In these situations we may be able to assist you in applying for what is called Letters of Administration with the Will Annexed. We will advise you of the steps and prepare the relevant documents to fix the deficiency in the Will and get the estate administration back on track, so that you and your loved ones are able to finalise the affairs of the deceased.

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    If there is no Will, we can help you apply to the court for Letters of Administration (the equivalent to a grant of probate).

    This process is a little more complicated than applying for a grant of probate. We are able to guide you through this difficult process to ensure a smooth administration, free form the common pitfalls and dangers of administering an estate without a Will.

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    Estates can be contested in a number of ways and for a number of reasons, such as:

    1. When the validity of the Will is called into question, due to the circumstances surrounding the creation of the Will; and
    2. When the Will is valid, but an eligible person feels as though they have not received their fair share under the Will (this is known as a family provision claim).

    When you are facing an argument about the provisions of an estate, legal expertise can make all the difference in obtaining a successful resolution. At Chamberlains, we strongly believe in fairness and equality, and we bring that passion to your matter with professional advice and representation.

    We will provide you with advice on the most cost effective and commercial outcome as well as the technical aspects associated with managing a case through the courts.

    As experts on Will drafting and estate litigation, we are uniquely placed to provide the strategic advice you need.

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    At Chamberlains we’re with you when it comes to the administration of an estate. We have a range of professional, capable and friendly staff who are here to help at every step through this difficult time.

    We are able to assist with a variety of estate administration and litigation matters, no matter your needs. We appreciate that each estate is as unique as the person to whom it belongs, and we approach each matter on a case by case basis to provide you effective and personalised advice.

    Contact us today to begin the process of resolving your estate matter, so that you are able to focus on what’s important.

    Call us at 1300 676 823
    Email us at hello@chamberlains.com.au

     

    Contact our offices:

     

     

    Related Practice Areas

    As part of a full-service firm we can also draw on the legal and industry knowledge of our expert Chamberlains colleagues who represent almost every area of legal practice, not only will and estate lawyers including:

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    1300 676 823

    hello@chamberlains.com.au