Understanding South Australia's Voluntary Assisted Dying Law
Did you know that in South Australia a grant of probate or letters of administration is what provides an executor or an administrator with the power to administer a deceased estate?
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As set out in the Administration and Probate Act 1919, the law on probate and estate administration in South Australia relates to the processes and legalities behind the administration of the estate of a deceased person.
At CPC Lawyers we understand that dealing with a deceased Estate is one of the more difficult challenges in life.
A Grant of Probate is issued by the Supreme Court of South Australia and it provides the right for the Executor listed in the deceased’s Will to administer the Estate in accordance with the terms of the Will.
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CPC Lawyers will act for the Executor or Administrator to make the Probate or Letter of Administration application and obtain all the information required for the application.
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Not all Estates will require a Grant of Probate or Letter of Administration and it is common to feel unsure about whether it is required after the death of your loved one. Our solicitors will examine the Estate and provide advice on what is required.
A Probate or Letters of Administration application is a technical and challenging task.
We can help you by:
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Interpreting the Will of the deceased;
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Advising executors and trustees on their duties and rights;
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Informing government bodies including Centrelink and Veterans Affairs.
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Applying for probate of the Will in the Supreme Court;
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Dealing with intestacy (where there is no Will);
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Applying for Letters of Administration (if the Will is deemed invalid or is absent)
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Identifying estate assets and liabilities;
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Obtaining valuations of estate property;
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Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts;
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Paying estate debts including mortgages, funeral costs, and testamentary expenses;
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Providing advice regarding family and testamentary trusts;
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Distributing bequests and inheritances to beneficiaries;
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Family mediation and negotiation;
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Contesting Wills and defending estate litigation in the Supreme Court.
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Probate & Deceased Estate
Services
Estate Administration
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This process can feel like another never ending to-do list, but all good administration starts with a checklist. Our Solicitors can provide advice in regards to Estate Administration and assist Executors and Administrators in carrying out the often lengthy list of Estate administrative tasks.
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We can help to tick-off the following:
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Identifying Estate assets and liabilities;
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Obtaining valuations of the Estate's property;
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Informing government bodies including Centrelink and Veterans Affairs;
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Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts;
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Paying estate debts including mortgages, funeral costs, and testamentary expenses;
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Providing advice regarding family and testamentary trusts;
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Distributing bequests and inheritances to beneficiaries.
Grant of Probate
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The Green Light. A Grant of Probate is issued by the Supreme Court of South Australia and it provides the right for the executor listed in the deceased’s Will to administer the Estate in accordance with the terms of the Will.
What we do:
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Interpret the Will of the deceased;
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Advise Executors and Trustees of their duties and rights;
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Verify the Identities of the Executor(s) of the deceased estate;
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Collate and review all necessary documents needed to apply for a Grant of Probate;
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Obtain information with respect to all assets and liabilities of the deceased Estate;
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Determine whether a Grant of Probate is required for each particular asset
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Applying for Probate of the Will in the Supreme Court;
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Liaise with different organisations or institutions regarding the release of assets once Probate has been granted;
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Undertake the Conveyancing process for the transfer of any property pursuant to the terms of the deceased’s Will.
Letters of Administration
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If you die without a valid Will, then the Intestacy laws will determine how your Estate is to be distributed. Dependent upon the assets that you hold in your Estate, you may be required to obtain a Grant of Letters of Administration.
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What we do:​
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Applying for Letters of Administration (if the Will is deemed invalid or is absent)
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Advise whether the applicant is eligible to apply for Letters of Administration;
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Explain how the role of an Administrator differs from that of an Executor;
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Advise how the estate is likely to be distributed under the Administration and Probate Act 1919 (SA);
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Advise the applicant what documents are required to apply for Letters of Administration;
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Apply to the Supreme Court for Letters of Administration;
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Provide the Court with any further information required to grant Letters of Administration upon their request;
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Liaise with different organisations /institutions regarding the release of assets once Letters of Administration has been granted;
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Assist with the Conveyancing process of any real estate of the Estate once Letters of Administration has been granted;
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Report to the Public Trustee in relation to the distribution of the Estate.
Understanding Probate and Letters of Administration
The importance of Probate and Letters of Administration
Applying for Probate or Letters of Administration in South Australia can be a complex process. At CPC Lawyers, we understand the technicalities involved in these applications and aim to make the process as smooth as possible for our clients.
Our services
We offer a range of services to assist you through the Probate or Letters of Administration process. From interpreting the deceased's will to advising executors and trustees on their duties, our team is here to guide you every step of the way.
Expert guidance
Our experienced team can help you navigate the intricacies of estate administration, including identifying estate assets, obtaining valuations, and managing estate finances. We can also provide advice on family trusts and assist with distributing bequests to beneficiaries.
Resolving disputes
In addition to our Probate and Administration services, we also offer support in family mediation and negotiation, as well as representing clients in will contests and estate litigation in the Supreme Court. Whatever your needs may be, CPC Lawyers is here to provide expert guidance and support throughout the Probate process in South Australia.