Probate and Estate Planning
At EAS Legal, we understand that planning for the future and managing a loved one’s estate can be complex and emotionally challenging. Our experienced team is here to guide you through every step of the probate and estate planning process, ensuring your wishes are honored and your loved ones are protected.
Estate Administration and Probate
When a loved one passes away, navigating the complexities of estate administration can be overwhelming. At EAS Legal, we’re here to guide you through this challenging process with expertise and compassion.
Understanding Estate Administration
Estate administration is the process of managing and distributing a deceased person’s assets. This involves:
- Settling outstanding debts
- Distributing assets to beneficiaries
- Managing financial and legal matters
- Resolving potential disputes
Whether there’s a will in place or not, this process requires careful attention to legal requirements and the deceased’s wishes.
Letters of Administration
When someone passes away without a valid will (known as dying “intestate”), the process becomes more complicated. Typically, a family member must apply to the Supreme Court for “letters of administration.” This document is similar to probate, authorizing the appointed administrator to manage and distribute the deceased’s estate.
Will Interpretation and Execution
- Analyzing and explaining will terms
- Guiding executors and trustees on their responsibilities
- Ensuring proper will execution
Asset Management
- Identifying estate assets and liabilities
- Obtaining property valuations
- Collecting financial assets (superannuation, bank funds, shares, etc.)
- Managing property sales or transfers
Debt Settlement
- Addressing mortgages, funeral costs, and other expenses
- Ensuring all estate debts are properly settled
Legal Procedures
- Applying for probate or letters of administration
- Notifying relevant government bodies
- Defending against estate litigation if necessary
Dispute Resolution
- Managing contested wills
- Facilitating family mediation and negotiation
- Representing clients in Supreme Court proceedings if required
Trust Administration
- Advising on family and testamentary trusts
- Managing trust funds
Estate Planning Funding Options
Planning for the future should be clear, considered, and free from unnecessary financial pressure. Estate planning often involves important legal work such as preparing wills, powers of attorney, testamentary trusts, and other documents that protect your wishes and your family’s interests.
To help make this process more accessible, we have partnered with JustFund, Australia’s dedicated provider of flexible funding solutions for legal fees. This partnership allows eligible clients to access funding to cover estate planning legal costs, without the stress of paying everything upfront.
JustFund funding can help cover professional fees associated with estate planning, giving you the flexibility to proceed with the advice and documentation you need at the right time. Funding is designed to be straightforward and supportive, allowing you to focus on planning with confidence rather than worrying about immediate costs.
If you would like to learn more about funding options for your estate planning matter, please contact our team or visit www.justfund.com.au for further information.
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Frequently asked questions
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