Probate

Experienced Probate Lawyers Adelaide, SA & Tasmania

Are you looking for legal services from an experienced probate lawyer in Adelaide, wider SA and Tasmania who has a deep understanding of Wills and probate law?

Probate can be complicated to work through at a time when there is often high emotion to deal with. You may be already experiencing the loss of a loved one yet having to seek legal advice on issues concerning property law, commercial law, letters of administration and even divorce and other family law issues. 

As leading probate lawyers in Adelaide, SA and Tasmania, we specialise in probate applications and various legal matters concerning deceased estates on a daily basis. Our knowledge means that you can rest easy when you choose to obtain our legal assistance.

YOUR PROBATE LAWYERS

Paul Boylan

Paul Boylan

Senior Partner

Sebastian Hill

Sebastian Hill

Partner

Kym Jackson

Kym Jackson

Senior Associate

Deborah Hewitt

Deborah Hewitt

Associate

FREQUENTLY ASKED QUESTIONS

What is Probate?

Probate is the legal process that is required to prove the validity of a Will and to register the last Will of a deceased person with the Courts. If it is necessary to administer formally:

  • The Executor must apply to the Probate Registry of the Supreme Court for a Grant of Probate. 
  • ‘Probate’ is an Order of the Court saying that the Will is valid and that the Executor has the right to administer the Estate.

Applying for Probate is quite technical. The Executor must complete a number of forms to the satisfaction of the Registrar at the Supreme Court.  Our trusted probate lawyers in Adelaide, SA and Tasmania can guide you through every step of the process.

What happens after the Probate is granted?

Once Probate has been granted, the Executor collects the deceased person’s assets and pays the deceased’s debts. At this time, it is important to find out the date and costs of acquisition of the deceased’s assets for the purposes of Capital Gains.

Funeral expenses are first and then there is a particular order in which the other debts must be paid. After funeral expenses are paid, the Executor is entitled to claim any expenses relating to the administration of the Estate before other debts are paid.

Once debts have been paid, assets are either distributed amongst the beneficiaries according to the terms in the Will or they are sold, and the money is divided among the beneficiaries.

Finally, the Executor must prepare a distribution report and statement for the beneficiaries, showing what the assets were, how much money resulted from any sale of assets and what expenses and debts were paid.

Our experienced probate lawyers in Adelaide, SA and TAS can provide professional advice to guide you through the process so every step is conducted in a lawful and streamlined way.

When are the assets distributed?

When all assets have been identified and, if necessary, sold to raise cash, and all debts have been paid, the remainder of the estate can be distributed to the beneficiaries.

When can a Will or claim to a deceased estate be challenged?

Believe it or not, it is common for Wills in South Australia to be challenged. There are many different reasons why a Will or the claim to a deceased estate may be questioned. Here are a few:

  • The terms of the Will are invalid, unclear or improperly executed
  • The testator executed the Will under duress from another individual
  • The testator didn’t have the proper capacity to sign the Will due to a diagnosed mental illness
  • The testator didn’t make sufficient provisions for a spouse, child, or another individual who was entitled to provisions from the deceased estate

The process of challenging a Will or claim to a deceased estate or defending a deceased estate from a challenge is complex, time-consuming, and expensive. The application for such must be started within six months of the Letters of Administration or the Grant of Probate in order to be deemed valid.

How much does Probate cost in South Australia?

As long as the assets of the deceased estate are distributed by the terms of the Will, the estate or the beneficiary will not need to pay a stamp duty.

However, when there are legal costs due for Probate, these are payable by the estate. The more costs that the estate must pay out, the fewer funds that will be available for distribution among the beneficiaries.

The probate cost in South Australia will vary from one situation to the next. The filing fee with the Supreme Court of South Australia is determined based on the gross value of the deceased estate.

  • Estate values of less than $200,000 will have a filing fee of $869
  • Estate values of between $200,000 and $500,000 will have a filing fee of $1,738
  • Estate values of between $500,000 and $1,000,000 will have a filing fee of $2,316
  • Estate values of more than $1,000,000 will have a filing fee of $3,475

GETTING LEGAL ASSISTANCE FOR YOUR PROBATE AND ESTATE MATTERS

Probate is a complicated process, and we understand that you may be going through a trying time after a family member passes. This is why we strongly advise you to seek the help of a probate lawyer in Adelaide, wider SA or Tasmania to ensure all parts of the Probate process are completed thoroughly and properly.

Call us to arrange for a no-obligation free consultation. One of our professional, experienced and qualified probate lawyers in Adelaide, throughout South Australia and in Tasmania will be happy to discuss your circumstances. We will provide you with a legal quote as well as the best possible outcome to expect given the details of your current legal situation.