Probate

Are you an executor named in a Will or believe that you are someone who has the right to receive the whole or part of the deceased’s estate in the event of there being no Will?  These are matters upon which Dimocks Family Lawyers will be happy to advise you.

The purpose of a grant of probate (which is an Order of the Supreme Court that establishes in effect that the Will filed at Court is the last valid will of the deceased) is to allow the assets of the estate to be realised and distributed in accordance with the testator’s wishes.

Not all Wills require a Grant of Probate. In limited circumstances, a Grant of Probate may not be needed in order to convey the estate to the beneficiaries named in the Will.  If there is real property, however, i.e. a home, unit or land, in some instances probate may not be necessary where title to the property is jointly owned with a surviving person.  Probate must however be sought, in situations where the deceased was the sole owner of the real estate.

An application for a Grant of Probate must be brought within 6 months of the date of death of the deceased.  If outside that period, an Affidavit has to be filed at Court, explaining the delay.