A grant of representation made by a court outside of Victoria does not automatically carry the same authority to deal with assets situated in Victoria compared to a grant that is made in Victoria. However, the Administration and Probate Act 1958 (Vic) (‘Act’) provides for the acceptance of grants of representation made interstate and in specific overseas jurisdictions. This process is known as resealing.
Issues with executors may arise if there are any disagreements in their ability to carry out their duties in the administration of an estate. The role of an executor (or administrator) is often open for dispute, whether between co-executors or between executors and beneficiaries.
Nothing is certain in life except death and taxes! There are important issues for an executor to consider when dealing with deceased estates and their taxes. Upon obtaining Probate or Letters of Administration, a deceased's Legal Personal Representative (i.e. Executor or Administrator) is responsible for finalising the affairs of the deceased and their estate. One crucial element is that of attending to any tax payable by the Deceased or by their Estate
Spouses and children are at one end of the spectrum of potential challengers to a Will. It is uncontroversial that they should not be put out on the street after your death. When we talk about protecting an estate from challenge, it is not these people that we are talking about. At the other end of the challenge spectrum are estranged adult children, more distant relatives and that very nice neighbour who sometimes helps with your lawn. These are the people that you may legitimately wish to protect your estate from a legal challenge.
A grant of representation is the legal document issued by the Court which enables an executor or administrator to deal with a deceased person's assets.In most circumstances, without a grant of representation, you will not be able to deal with any of the deceased person's accounts, sell or transfer their property or ensure their debts are paid. There are three main types of grants, being a Grant of Probate, Letters of Administration and a Grant of Representation.
If you have been left out of a Will in Victoria, there are two key claims that can be made: a claim to invalidate the Will, or a Part IV claim, which claims that the Will Maker (Testator) has not made adequate provision for a person whom they had an obligation to provide.
Where the deceased did not leave a Will, a Grant of Letters of Administration is the equivalent certificate given by the Supreme Court of Victoria. A Grant of Probate and a Grant of Letters of Administration are the most common types of a Grant of Representation for a deceased person's estate.
If the Probate Office is satisfied with the application, a Grant may be issued to the applicant as early as one week after the application has been made. If the Probate Office is not satisfied with the application, a requisition will be sent to the applicant with further requirements required to satisfy the Probate Office. Once the Probate Office is satisfied, then a Grant will be issued.
