Our experienced Melbourne Probate Lawyers understand that managing a loved one’s estate can be complex and emotional. We provide clear, cost-effective legal solutions to guide you through probate and estate administration with confidence.
With more than 50 years of combined experience, our team specialises in probate law across Melbourne. We navigate the complexities of estate administration with compassion and clarity, ensuring your loved one’s wishes are respected and your legal obligations are met.
We offer clear, competitive pricing for all probate services. Our goal is to deliver exceptional value and trustworthy legal guidance without hidden fees.
Probate matters require careful attention – nothing can be missed. Our methodical approach ensures every detail is accounted for, from grant applications to estate distribution, giving you complete confidence throughout the process.
At Tonkin Legal, we specialise in probate and estate administration services across Melbourne. With over 50 years of experience, our dedicated team provides clear, compassionate legal guidance during what can be a challenging time.
From applying for probate to managing asset distribution, we handle every step with precision and care. You can rely on us to protect your interests, ensure legal compliance, and provide peace of mind throughout the entire process.
Want to learn more? Download our free ‘Guide to Wills & Estates’ – a comprehensive resource filled with expert insights to help you understand everything from creating a will to navigating probate and estate administration.
Perfect for individuals, families, or executors looking for clear, practical information during an emotional and important time.
Dealing with a deceased estate can be overwhelming, especially during an emotional time. At Tonkin Legal, our expert lawyers are here to manage the legal complexities for you. Whether you’re applying for probate, seeking letters of administration, or managing the final distribution of assets, we provide clear, compassionate support every step of the way.
We liaise with the Supreme Court, financial institutions and the ATO, assist with preparing important documents and ensure the proper handling of bank accounts, property and other assets. You’ll receive expert guidance and transparent legal advice tailored to your unique situation.
With over fifty years of experience handling wills and estates in Victoria, Tonkin Legal brings unmatched knowledge and professionalism to every matter. Our team of legal experts understands the laws and processes surrounding deceased estates dealing.
Whether you’re the person named as executor or a family member needing assistance, we work closely with courts, trustee companies, and financial institutions to ensure everything is managed with care and compliance. Reach out to us today for expert advice and personalised support through all matters relating to estate administration.
With over 50 years of experience, Tonkin Legal provides trusted, practical guidance across all areas of wills and estates in Victoria. Whether you’re managing the estate administration process or a complex estate dispute, our team is here to provide clear, compassionate support. We assist executors, family members, and beneficiaries with everything from will interpretation to court proceedings, ensuring estate matters are handled with care and efficiency.
We guide you through the full probate process, including applying for a grant of probate (if there’s a valid will) or letters of administration (if someone dies intestate). Our legal team prepares all required documentation and ensures your application is lodged correctly with the Supreme Court, giving you peace of mind at every step.
Our team provides full support for estate administration, helping to identify and manage the deceased’s assets, settle debts, and distribute estate assets in line with the will or intestacy laws. We offer reliable assistance with the entire administration process, ensuring all responsibilities are fulfilled efficiently and lawfully.
We offer specialist guidance in challenging a will’s validity, as well as interpreting the terms of a valid will when clauses are unclear or disputed. Whether you’re an executor or beneficiary, we help ensure the deceased’s wishes are properly understood and legally upheld.
If a person dies intestate, we help family members apply for letters of administration and distribute the estate in accordance with Victorian succession law. We simplify the process for those left behind without a clear legal direction.
Our experienced legal team provides strategic support in resolving estate disputes, from contesting or defending a will to negotiating fair outcomes in family provision claims. Where needed, we represent clients in court proceedings or aim to resolve matters through mediation and estate settlement.
We advise on the establishment and administration of testamentary trusts as set out in a will, helping ensure ongoing asset protection for vulnerable beneficiaries and effective tax planning across generations.
Our lawyers assist with superannuation and life insurance claims, helping executors and beneficiaries understand entitlements, complete required documentation, and claim benefits not automatically included in the estate.
Being named as an executor comes with legal responsibilities. We offer expert advice for executors and administrators, helping them understand and carry out their duties, reduce legal risk and manage estate assets with confidence.
We handle the legal process of transferring estate-owned property titles, ensuring smooth asset distribution or sale. Our team liaises with the Titles Office and financial institutions to finalise property matters promptly and accurately.
We identify any tax implications for estates, including liaising with accountants to prepare deceased estate tax returns, and liaising with the ATO to ensure compliance with legal requirements during estate administration.
In addition to probate matters, we prepare and advise on powers of attorney and other important documents to ensure your wishes, and those of your loved ones, are respected both during life and after death.
If you’re managing a deceased estate, we understand it can be a challenging and emotional time. Our team offers transparent, fixed-fee pricing for many of our probate and estate administration services, with a clear breakdown of any additional costs, so you know exactly what to expect.
You’ll receive not only fair pricing but also the benefit of expert legal guidance from a firm with decades of experience. From assisting with probate applications to supporting executors with legal and financial responsibilities, we’re here to make the process as smooth and stress-free as possible. If you require probate or estate assistance, get in touch with our team today.
Lawyer
Ash is currently working as a Lawyer in our Wills and Estates & Family Law teams.
In Victoria, when a person dies leaving a legal will, the executor must apply to the Supreme Court for a Grant of Probate. This legal document confirms the executor’s authority to manage the deceased person’s affairs, including bank accounts, paying debts, and distributing assets.
The process involves submitting the original will, death certificate and inventory of assets. Since every estate has unique circumstances, it’s wise to seek legal advice from experts to ensure compliance with all requirements during this often emotional time.
If a person dies without a legal will (called dying intestate), Victoria’s intestacy laws determine how the estate is divided among family members. A close relative or a trustee company must apply for Letters of Administration from the Supreme Court.
Assets, such as bank accounts and property, are used first to pay debts and then distributed according to a fixed hierarchy set out in legislation. This can be a legally and emotionally difficult time, so it’s important to seek legal advice from expert lawyers with extensive experience in dealing with deceased estates.
When a person dies without a valid legal will, or no person named as executor can act, a family member or trustee company may need to apply for Letters of Administration through the Supreme Court of Victoria. This gives legal authority to manage the deceased’s estate’s dealings, such as accessing bank accounts, paying debts and making the final distribution to the rightful family members.
The applicant must prove their relationship to the deceased person and provide important documents. Expert lawyers can provide proper advice in navigating this complex area of wills and estate law.
If a legal will is disputed, a family member or eligible person may bring a family provision claim in the Supreme Court, arguing the deceased person failed to provide adequate support. Such disputes delay the final distribution of the estate.
Common challenges include concerns over mental capacity, undue influence or exclusion of dependents. Given the seriousness of these claims, it’s crucial to obtain expert guidance from legal experts with experience in wills and estates law to resolve matters relating to inheritance fairly and efficiently.
In Victoria, the probate process typically takes 4 to 8 weeks after application, but timing can vary depending on the unique circumstances of the estate. Before applying, the executor must gather important documents, arrange funeral arrangements, and identify all assets and outstanding debts.
Delays may occur if the estate is complex, the original will is contested, or the executor’s name is unclear. Our Melbourne team of probate lawyers can help ensure accurate preparation and speed up the process through extremely professional handling of the estate.
Estate and probate lawyers offer expert advice during what is often an emotional time, helping you to address the complex legal landscape of dealing with deceased estates. They assist with applying for probate or letters of administration, accessing bank accounts, paying debts and ensuring proper final distribution to family members.
They can also provide guidance on appointing a Medical Treatment Decision Maker or Enduring Power of Attorney, as well as other important estate documents. With their extensive experience dealing with deceased estates, probate lawyers ensure that every legal duty is fulfilled related to wills, estates and administration, and that you receive proper advice tailored to your situation.
Victoria does not have a single “Probate Act”; instead, probate matters are governed by various laws, primarily the Administration and Probate Act 1958 (Vic). This legislation outlines the rules for applying for probate, managing deceased estates, handling outstanding debts, and distributing assets.
It also covers the rights of family members, intestacy (when someone dies without a legal will), and matters relating to trustee companies. Understanding this law is vital, so it’s best to seek legal advice from legal experts with extensive experience in Victorian wills estates.
An executor is the person named in a legal will to manage the deceased person’s estate. Their duties include arranging funeral arrangements, applying for probate through the Supreme Court, collecting assets, settling outstanding debts and ensuring final distribution to beneficiaries.
Executors must also keep detailed records, deal with bank accounts and file necessary tax returns. Given the serious legal obligations involved, it’s crucial to get guidance from skilled lawyers. This is even more important when dealing with important documents, tax obligations or complex deceased estates. Dealing with disputes, complicated financial structures or unexpected outstanding debts may require additional support from legal, taxation and financial professionals.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough