Estate Administration & Litigation

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.

Testimonials

You have given me the chance of a fresh start that I didn’t think I’d ever have again to be honest. You literally changed my life and I’ll never be able to thank you enough. Just wanted to let you know how much I sincerely appreciate all your help and hard work.

Compensation Client

The team at Chamberlains made buying a property extremely easy, I never once experienced the stress people talk about during the exchange/settlement periods of their property. Definitely recommend!

Conveyancing Client

The debt recovery team went above and beyond when our business was owed money. Would use again for sure!

Insurance Client

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.

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.

Process - what happens next?

Initial case evaluation

After an initial briefing of your matter, we will provide you with a preliminary quote.

Consultation

We look into all aspects of your matter and suggest the most viable path for you.

Case management

The Chamberlains team will work tirelessly to reach the best possible outcome for you.

Services

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.

Letters of Admin with Will Annexed

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.

Intestacy

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.

Contested Estates

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.

Contact us.

Sydney CBD
Sydney Norwest
Canberra
Perth
Newcastle

P +61 2 9264 9111
E hello@chamberlains.com.au

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