Probate

When a person dies (with or without a Will), somebody has to deal with their estate by collecting in assets, paying any debts and tax liabilities and distributing the estate to beneficiaries. In almost all cases, before one can access the assets legal authority to deal with the estate is required to be obtained from the Courts.

The term "probate" relates to the procedure required to obtain this Court authority. Usually a "grant of probate" or a "grant of letters of administration" is issued to those entitled under law to deal with the estate. The persons entitled to deal with the estate are known as executors (if they are named in a Will) or administrators (if there is no Will); collectively they are termed personal representatives (PRs) and it is the PRs' responsibility to administer the estate.

Often there are a number of planning opportunities available when an estate is required to be administered and considerable tax savings can be achieved when the right steps are followed.

Download Probate Questionnaire