Supportive, Strategic Advice When It Matters Most

Protect Your Family's Future with Clear Estate Planning

Without proper estate planning, your loved ones could face months of legal uncertainty, expensive court battles, and decisions that don’t reflect your wishes. Many Melbourne families discover too late that outdated Wills, missing Powers of Attorney, or unclear instructions leave their children, assets, and final wishes in legal limbo.

Compassionate Legal Support After a Loved One’s Passing

What is Probate?

Probate is the legal process of proving and registering a deceased person’s Will with the Supreme Court of Victoria. Once granted, it allows the executor named in the Will to manage and distribute the estate according to the deceased’s wishes.

  • Key Fact About Victorian Probate

    In Victoria, probate applications must be lodged within 12 months of death, though extensions may be granted in special circumstances. The process typically takes 4-8 weeks for straightforward estates, but complex matters may take several months.

    Understanding the Probate Process in Melbourne

    When someone passes away in Victoria, their estate administration cannot begin until the executor obtains a Grant of Probate. This legal document serves as official recognition that:
    • The Will is legally valid and represents the deceased's final wishes
    • The named executor has the legal authority to act on behalf of the estate
    • Financial institutions, government agencies, and other parties must recognise the executor's authority
    • The estate can be legally distributed to beneficiaries as specified in the Will

    When Is Probate Required?

    Probate applications are typically necessary when:
    • The estate includes real estate or property valued above $50,000
    • Banks or financial institutions request probate before releasing funds
    • There are complex assets such as shares, business interests, or overseas property
    • Beneficiaries or family members are disputing the validity of the Will
    • The deceased owned assets solely in their name without joint ownership

  • The Probate Application Process

    We guide clients through a structured, legal, Step-by-Step Process to Obtaining Probate.

    At your initial consultation, we'll explain the structured, five-step legal process we use to guide all clients through obtaining probate in Victoria:

    • Gather Required Documents - Collect the original Will, death certificate, asset valuations, and beneficiary details
    • Complete Court Forms - Prepare the probate application forms including the Affidavit of Executor and Schedule of Assets
    • Lodge Application - Submit documents to the Supreme Court of Victoria with the required filing fees
    • Court Review - The court reviews the application and may request additional information or documentation
    • Grant of Probate Issued - Once approved, the court issues the Grant of Probate, enabling estate administration to commence

    Common Probate Challenges

    Executors often encounter difficulties including:
    • Locating Assets: Finding all bank accounts, investments, and property owned by the deceased
    • Valuing Complex Assets: Determining the worth of businesses, artworks, or unusual investments
    • Family Disputes: Managing disagreements between beneficiaries or contested wills
    • Tax Obligations: Completing final tax returns and paying any outstanding debts
    • Legal Compliance: Ensuring all statutory requirements and deadlines are met

  • When to Contact Resolve Legal for Probate Matters

    You should seek legal advice if:

    • You’re Named as Executor in a Will

      Being appointed as an executor carries significant legal responsibilities and potential personal liability. We help you understand your duties, navigate the probate process, and protect your interests while honouring the deceased’s wishes.

    • A Loved One Has Died Without a Will

      When someone dies without a valid Will, the estate must be distributed according to Victorian intestacy laws. This situation requires applying for Letters of Administration rather than probate.

    • You Need Help with a Complex or High-Value Estate

      Sophisticated estates require specialised legal expertise to navigate complex assets, tax implications, and regulatory requirements:

    • There Is Tension or Uncertainty Among Family Members

      Estate disputes can tear families apart and significantly reduce the value of the estate through legal costs. Early intervention and professional mediation can often resolve conflicts before they escalate to court proceedings.

    • You’re Unsure How to Begin the Process

      If you’re a first-time executor feeling overwhelmed by the legal requirements, you’re not alone. Many people find themselves appointed as executors without any prior experience in estate administration. The responsibility can feel daunting, especially when you’re already dealing with the emotional impact of losing a loved one.

Clear Path Forward

Our Probate & Estate Administration Services

We guide you through each step of your family law matter with transparency, strategy, and unwavering support.

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  • Court Expertise

    Probate Applications

    • Preparing and lodging all required court documents
    • Advertising the application (as required by the court)
    • Obtaining the Grant of Probate from the Supreme Court of Victoria
    • Assisting executors in understanding their legal responsibilities
  • Intestacy Guidance

    Letters of Administration (No Will)

    • Advising next of kin on their entitlements
    • Preparing and filing applications for Letters of Administration
    • Explaining distribution rules under intestacy law
    • Acting as administrator if required
  • Complete Management

    Estate Administration

    • Collecting and managing estate assets
    • Notifying banks, government departments, and superannuation funds
    • Paying debts, finalising tax returns, and resolving liabilities
    • Distributing assets to beneficiaries
    • Providing estate accounts and reports
  • Expert Guidance

    Executor Support & Legal Advice

    • Explaining executor duties, risks, and liabilities
    • Resolving disagreements between executors or beneficiaries
    • Dealing with complex estates (e.g. trusts, businesses, overseas assets)
    • Referrals to financial advisors, tax agents, and estate accountants as needed
  • Dispute Resolution

    Contested Estates & Disputes

    • Advising on challenges to a Will (Part IV claims)
    • Representing executors, beneficiaries, or excluded family members
    • Negotiating disputes or pursuing court action where necessary
    • Minimising conflict and protecting the estate’s value

Your Peace of Mind Is Our Promise

The Principles Behind Resolve Legal

Meet our founder and discover why clients trust us with their most important legal matters. Our approach goes beyond traditional legal services to deliver the experience you deserve.

Clarity You Can Count On

We break down complex legal matters into clear, practical advice. You'll understand your options, your rights, and the path forward without feeling overwhelmed or uncertain about what comes next.

Transparent Pricing, Every Time

No one likes financial surprises during stressful times. We provide fixed fees upfront, so you know exactly what to expect. Your focus stays on your legal matter, not on mounting costs.

Your Priorities Shape Our Approach

Every client's situation is unique. We take time to understand what matters most to you, then craft a strategy that aligns with your goals—whether that's protecting assets, securing your children's future, or navigating property matters smoothly.

Here When It Matters

Legal concerns don't follow a 9-to-5 schedule. We maintain open lines of communication and provide regular updates on your case, ensuring you're never left wondering about progress or next steps.
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Testimonials

Our Reviews

Every family law settlement, property transaction, and estate plan we handle is about more than legal paperwork. It's about protecting what matters most to you. See how we've helped clients just like you navigate their legal challenges with confidence.

Seamless process and outstanding results. If you’re looking for quality and trust, this is the place.

Emily R

Very impressed with the professionalism and attention to detail. Will definitely use them again!

Daniel M

Incredible service from start to finish. The team was friendly, knowledgeable, and went above and beyond.

Priya K

Fast, reliable, and genuinely cared about the outcome. Couldn’t have asked for a better experience.

James T

Absolutely professional and easy to work with. Explained everything clearly and delivered exactly what I needed. Highly recommended!

Sarah L

Practice Process

The Resolve Legal Process

Getting the legal help you need shouldn't be complicated. Our streamlined process ensures you receive expert guidance, personalised solutions, and successful outcomes every step of the way.

  • Free Initial Consultation

    We start with a consultation to understand your legal requirements and provide clear guidance on your options.

  • Tailored Strategy Development

    We develop a customised legal strategy aligned with your goals and provide transparent advice on timelines and costs.

  • Expert Implementation

    Our team handles all legal work including documentation and negotiations while keeping you informed throughout.

  • Successful Resolution

    We ensure all legal matters are properly finalised with clear documentation and explanation of next steps.

Frequently Asked Questions

Yes, we understand some legal matters are time-sensitive. Contact us immediately and we’ll prioritise urgent cases where possible.

Bring any relevant documents related to your matter, such as contracts, court papers, or correspondence. We’ll advise what’s needed when you book.

While we focus on Melbourne’s northern suburbs, we can discuss matters outside these areas. Contact us to see if we can assist with your specific location.

We service Melbourne’s northern suburbs including Glenroy, Hadfield, Airport West, Pascoe Vale, Essendon, Tullamarine, and surrounding areas.

We offer transparent fixed-fee pricing for most services. Costs are discussed upfront during your consultation with no hidden surprises.

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Don't let legal uncertainty keep you awake at night. Our experienced Melbourne lawyers provide practical solutions for family law, property matters, and estate planning. Book your consultation now and take the first step toward resolving your legal concerns with confidence.

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