FAQs

A Will is not legally binding unless all of the proper formalities have been strictly complied with. To be legally binding, a Will must adhere to the following formalities: the Will must be in writing; the Will must be signed by the willmaker in the presence of two witnesses; the two witnesses should not be named in the Will and must be present at the time of signing. Both witnesses must be over 18 years of age, of sound mind and be able to understand the English language; the willmaker and witnesses must sign on the bottom of each page and on the last page of the will, preferably with the same pen; and no writing or alteration should be made on a Will after it is signed. You shouldn’t write or alter Will after it is signed and the two witnesses should not be an executor or beneficiary under the will.

Wills cannot be validly signed or witnessed using electronic signatures because the Probate Office of each Supreme Court requires an original (‘wet-ink’) of the Will before approving a Grant of Probate.

A Will is a legally binding document which spells out your wishes regarding the distribution of your assets and the care of any of your minor children and pets. In the event you die without a Will, your assets will be divided between family members according to intestacy laws and you will have no say. In the absence of a Will, there is no guarantee that your wishes will be carried out and that your minor children will be cared for by family members who you would wish to raise your children. Any adult person who: has assets; has children; is married, in a de facto relationship or recently separated or divorced; is in a same sex relationship; has a blended family; owns pets; is about to travel or have surgery, should consider creating a Will.

Life changes, and so should your Will. It’s important to regularly update your Will every 3 - 5 years, or any time you experience a significant change in your life like getting married or divorced, the birth of a child or addition of a new family member or a change in your assets. At Willed, we provide an optional annual subscription which allows you to make updates or changes to your legal documents in just minutes. All you need to do is log into your account, update the relevant section and you will be able to download your new document instantly. Once signed in the presence of two independent witnesses, your new Will is legally binding. Our subscription is just $15 per year for unlimited updates to your legal documents. When you write your Will with Willed, you automatically receive unlimited updates for the first 12 months.

Even if you believe you have no assets, it is still worthwhile creating a will because your estate may be entitled to substantial benefits under an insurance or superannuation policy. Furthermore, without a will, you will have no say over who cares for your minor children after you and your partner die.

In Victoria, New South Wales, Australian Capital Territory and Western Australia - an application for Grant of Probate must be made within six months of the death of the willmaker. In Queensland, there is no strict timeframe within which you must apply for probate but the court expects you to act swiftly and efficiently when applying for a Grant of Probate. In Tasmania, an application for Grant of Probate must be made within two years of the death of the willmaker. If no probate application is made within these timeframes: you will need to provide an explanation to the Court for the delay. there is underlying risk that a creditor or other person may apply to have themselves appointed as executor of the estate in place of the executor named in the will.

Willed prides itself on price transparency. In this regard, Willed offer upfront fixed prices for a grant of probate. Our upfront fixed prices assume that the will is valid and uncontested and that the executor has all the necessary documentation to apply for a grant of probate. If this is not the case, additional fees may apply. Our fixed prices do not include court filing fees (which will depend on the value of the deceased estate) and disbursements. Contact us today to request a fixed price for a grant of probate

To apply for probate, a person must: over 18 years of age; and be the executor named in the Will.

The first step in applying for a Grant of Probate is to lodge notice of intention (advertisement) for a Grant of Probate with the Court. The advertisement must be published for at least 14 days before you can file an application for a Grant of Probate. After the application for a Grant of Probate has been filed with the Court, it will take approximately 8 weeks to obtain a Grant of Probate (depending on the Courts backlog of applications and whether any requisitions are received from the Court).

If the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act, the deceased’s closest next of kin (eg spouse or de facto spouse) will need to apply for Letters of Administration. Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will. If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who receives the assets of the deceased’s estate. This is known as the 'rules of intestacy'. The process of applying for Letters of Administration is more complicated than applying for a Grant of Probate as involves some extra steps. For example, the spouse or de facto spouse will need to file an Affidavit detailing the efforts they made to locate the deceased’s Will.

Whether probate is necessary will depend on the type, size and value of the assets comprising the deceased’s estate. Probate will be necessary when the deceased leaves behind specific types of assets. For example, probate will be necessary to deal with real estate, money in bank accounts and shares solely owned by the deceased or joint owned by the deceased with another person as tenants in common. If assets of the deceased are jointly owned as joint tenants, then on the death of one of the joint owners, the asset will automatically pass to the surviving owner. In such cases, there will be no need to apply for a Grant of Probate. Some third parties will release an asset without the need for Probate. For example, some financial institutions may release without seeing a Grant of Probate if the amount held in the name of the deceased is minimal and there is no dispute between the deceased’s relatives.

Yes, you will need a copy of the original Will to apply for Probate.

Probate is a legal document issued by the Court affirming that the Will of a deceased person has been verified and registered in the Court and that the executor named in the Will has been given the authority to administer the estate. Once the Will is verified by the Court, the Executor can administer the deceased’s estate by collecting the deceased’s assets, paying off any debts of the deceased, and ensuring that the remaining assets are distributed to the beneficiaries of the estate in accordance with the deceased’s wishes.

Probate is issued by the Court to the Executor(s) named in the Will of the individual who has passed away. Letters of Administration is a grant by the Court to a person other than a named executor or executors such as a close relation of the individual who passed away because the individual passed away without a Will (intestate), did not name an executor in a valid will or the Executor is unwilling or unable to act.

If there is no Will or an existing will is determined no longer valid, different states and territories will have different laws in this regard. Generally speaking, state legislation and its respective rules of intestacy usually (but not always), dictate that an intestate death means the estate will be transferred to the next of kin, such as a spouse or children under these types of circumstances. Please review your local state’s Successions Act or other legislation for specific rules and details.

Letters of Administration is a court order made by the Court which allows the Administrator (the person who is appointed by the court) to distribute the assets of the deceased who died without a valid will.

Time is of the essence when it comes to Letters of Administration applications. You must submit your LOA application within six months of the deceased person’s death. If you’re filing outside of this time frame, you will need to provide satisfactory reasoning as to why you’ve deferred your application. The bottom line is that delaying an application is a potential cause for a range of related complications depending on the circumstances. We strongly recommend submitting your LOA applications as soon as possible to avoid any unnecessary issues.

There are costs and fees associated with filing for Letters of Administration as there are with many legal services. These costs or expenses vary between states and are also largely affected by the contents, value and overall nature of the estate. Contact us today to discuss fees and costs involved with filing a Letters of Administration application to your local state’s court and registrar.

If the deceased individual dies intestate, the law in the state or territory in which the deceased died and owned assets, will determine who: can apply for Letters of Administration; and receives the assets of the deceased’s estate. This is known as the 'rules of intestacy'. The grant of administration is usually made to the deceased's 'next of kin', which is the deceased's closest relative. The Court will usually grant administration to the following ‘next of kin’ (in order of priority): the spouse or de facto spouse of the deceased; spouse and children; children; parents; brothers and sisters; grandparents; aunts and uncles; or any other person the Court thinks fit.

In general, obtaining Letters of Administration will take approximately 8 to 15 weeks from the date the application for Letters of administration was filed with the Court (depending on the Courts backlog of applications).

If a Will is discovered following the grant of Letters of Administration, the appointed Executor must be informed, and the original granted order will be revoked. In most cases, the Supreme Court will grant Probate to the rightful Executor outlined in the newly discovered Will with the administration of the estate proceeding as intended by the Will-maker.