Let Power & Bennett take some of the strain from you when someone close has died. We can assist to make application for probate, transfer houses and other land to executors and beneficiaries, collect in bank accounts, make life insurance claims, arrange transfer of shares in companies and generally attend to the winding up of all estate matters.

Contact John Adlington or Gary Nicholas with your enquiries. Both John and Gary have extensive experience in the administration of deceased estates and can assist with all aspects of the matter with personal and timely attention.

Why have a Will?

A Will is a document that ensures that your assets are distributed in the way that you choose. Contrary to popular belief, it is not the case that your assets go to the Government if you die without a Will, however they will be distributed in accordance with a formula created by the Government. Initially this will include your closest relatives but perhaps not in the same proportions that you would have liked.

Why have a Power of Attorney?

These allow you to nominate another person to sign documents on your behalf. They can be very handy if you are away and cannot sign documents yourself. More importantly however an Enduring Power of Attorney will appoint a person to sign documents and manage your affairs when you no longer are able to do that yourself. This can save considerable trouble for those left to look after you at that point. Everyone regardless of age should have a Power of Attorney.

What Is Probate?

Most people believe it is a tax. Well it used to have a tax attached to it but this no longer exists in Victoria. Probate is latin for “proof”. It is a process of proving the Will of the person who has died. By the end of the process the Executors have proved that the Will was the last Will, that it has been validly made and that they are the properly appointed Executors named in it.

At the end of the process the Executors are given a Probate Parchment, which looks like the one to the right. This enables them to administer the estate and carry out the terms of the Will and allows those dealing with them to be sure that they are dealing with the right people.

It is not always necessary to apply for probate. This will depend on the nature of the assets in the estate. John Adlington and Gary Nicholas can advise you about this.