The death of a loved one can bring sorrow and pain, and having to handle their assets immediately after they pass can be a difficult thing to do. That is where estate lawyers enter the picture – to do the job for you while you take time to grieve.
A Grant of Probate is an Order of the Supreme Court of Victoria which ratifies the last Will of the deceased and gives authority to the Executors who are named in the Will to deal with all of the assets owned by the Deceased at the date of death.
This is a similar Order of the Supreme Court which is granted when the deceased dies without a Will. It is granted to the person with the greatest interest in the deceased’s estate.
Once a Grant of Probate has been obtained the Executor or Administrator then has the authority required by Banks, Share Registries, Investment Funds and the Land Titles Office to have the assets transferred to them so they can distribute them in accordance with the deceased’s Will or where there is no Will, in accordance with the Rules of Intestacy which are set out in relevant legislation.