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Probate & Estate Administration Experts

We help close out the affairs of your lost loved one and distribute their assets to who they ought to go to according to their will.

To find out the first step, call us now.

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EXPERTS IN ESTATE ADMINISTRATION

Whether or not you are named as the Executor in a will, the process for getting probate can be complicated. To close out an estate and transfer assets as per the wishes of the deceased, you must advertise, complete a number of legal documents and file those documents within the Supreme Court. It is important that these steps are completed correctly for probate to be granted. We provide that help.

Contact us to arrange a free one on one consultation today.

Christopher Roche
Legal Director – ROCHE Legal

We protect assets in a will from unwanted claims


We protect the entitlements of beneficiaries even if no will


We assist to carry out the wishes of the will maker


What is Probate?

A grant of “probate” means getting official court recognition that a deceased’s person’s Will is legally valid.

The grant is a document that recognises someone’s authority to deal with the deceased’s estate, such as the executor named in the Will.

There are 3 main types of grants:

  • a valid will was written, and an executor named in the will is applying. This is known as a ‘grant of probate’.
  • a valid will was written, and someone other than an executor named in the will is applying for a grant, the authorised person will be an administrator. This is known as a ‘grant of letters of administration of the will’.
  • no valid will was written, the authorised person will be an administrator and the grant is known as a ‘grant of letters of administration on intestacy’.

Applying for probate

The process for getting probate can be complicated. You must advertise, complete a number of legal documents and file those documents within the Supreme Court.

When executors are administering an estate, they often need legal help to apply to the Supreme Court for probate.

We provide that help.

Our Fixed Fee Service vs The Public Trustee

We prepare applications for probate for a fixed fee. Our fee is fixed on the basis that no additional requirements for affidavits are needed to make the application. Extra fees may be needed if the grant application is not standard.

Alternatively, you may wish to use the Queensland Government’s Public Trustee’s services to process your probate application. However, the Public Trustee suggests that you engage your own private solicitor as doing so will often be cheaper.

Comprehensive Estate Planning

Family structures in Australia are becoming more complex. Multiple heterosexual and same sex marriages or relationships, and children from those marriages or relationships, siblings, step-siblings and their spouses, or family estrangements are getting more common. Each situation is different but can get very complicated where step-families, divorces and second or third marriages are involved.

It is often on the death of a senior family member where issues that may have remained largely dormant, come out in the open. Unfortunately, this can occur during the probate process. If this does occur, it may highlight deficiencies in your own will that may need addressing.

At ROCHE Legal, we strive to understand each client’s personal position in detail so as to create an enhanced comprehensive estate plan that takes all factors into account to avoid family conflict and potential legal challenges after death.

ROCHE Legal’s skills lie in this area of enhanced estate planning – we don’t just create the necessary legal documents to facilitate the efficient processing and distribution of an estate – we establish the necessary protective barriers required to ensure that the assets an individual has worked all their life to achieve are:

  • passed onto the intended beneficiaries; and
  • not dissipated or lost by those beneficiaries.

We work together with our client’s investment and/or tax advisors to ensure the creation of a well-designed estate plan and will that offers asset protection, tax minimisation possibilities, and reduced chances of a successful challenge.

Your First Consultation Is FREE

We can help with the following:

  • Probate Applications
  • Letters of Administration
  • Comprehensive Estate Planning
  • Family Trusts
  • Discretionary Trusts
  • Wills
  • Tax Minimisation
  • Enduring Powers of Attorney
  • Advance Health Directives

And if it is not listed above, then give us a call and we’ll provide you with a cost estimate.


ROCHE LEGAL LOCATIONS

Brisbane
Level 19
10 Eagle Street (AMP Place)
Brisbane, QLD 4000

Logan
Unit 2
18 Dennis Road
Springwood, QLD 4127

Sunshine Coast
1 Nothling Street
Moffat Beach, QLD 4551


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Go to sleep tonight knowing that everything has finally been taken care of.

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