Frequently Asked Questions - Probate, Wills and Estates

We like to think that we are a budget, but full service wills and estates law practice, where we don't cut corners on legal advice, and we minimise our fees and charges where possible, to keep our community and clients happy and well cared for.

To compare our fees against other lawyers or law firms, consider the following. If you have received a quote for obtaining a Grant of Probate or Letters of Administration from another lawyer, PLEASE ask that lawyer or law firm these questions: 

1. Are they able to handle the estate administration? 
2. Are they going to give you legal advice about the Grant and the consequences of the Will or the laws of intestacy?
3. Are they going to be able to help you complete property work (transmissions or transfers)?
4. Are they willing to visit you at home or work for signing documents? 
5. Are they able to handle a dispute if someone contests the Will/estate, or if a beneficiary wants more provision from the estate?

Spirit Legal will help you with ALL of these, and more! 

If you have received a quote for preparing a new Will or Powers of Attorney from another lawyer, PLEASE ask that lawyer or law firm these questions:

1. Are they able to prepare a Will with testamentary trusts?
2. Can they complete a binding death benefit nomination for your superannuation?
3. Can they liaise with your Doctor to discuss testamentary capacity (if you are over 60 years of age)?
4. Are they able to store your original Will in their deeds registry, and if so, at what fee?
5. Do they provide you with legal advice surrounding your estate planning, including advice of potential claims against your estate? 

Spirit Legal will help you with ALL of these, and more! 

No - a Grant of Probate or Letters of Administration will be needed if the deceased person left asset/s in their sole name, and the holder of that asset requires the Grant to be produced.  This can be because of the value of the asset (for example, the size of a bank account) or the nature of the asset (for example, real estate). The asset holder is the bank, the share registry, the nursing home, the investment bank, for example. 

By engaging Spirit Legal, we can enquire with the asset holder on your behalf, and seek a waiver of the requirement for Probate, and assist you with the administration of the estate instead. 

We have limited overhead expenses, and we are driven by streamlining our processes and reducing inefficiencies (truly!). We know that dealing with a deceased estate is not fun, and our job is to make the process smoother and easier for everyone involved. 

We are here to provide a meaningful option to people in our community who want sound, correct legal advice, but don't want to travel to the CBD or engage two sets of lawyers to handle the Grant and then the estate administration separately. Plus, we are efficient at what we do, so we can progress your application quickly and we don't waste time!

If we are assisting you with your estate planning, our payment schedule looks like this:

1. Once you have signed on with us as a client and agreed to our fees, and we have your instructions, we prepare your Will/s and Powers of Attorney and send the draft document to you for your review. 

2. Our invoice for legal work is sent to you with your draft documents, and we require payment in seven (7) days. 

3. Once our invoice is paid, we can finalise your Will/s and Powers of Attorney and store your original documents on your behalf . 

If we are assisting you with a deceased estate, our payment schedule looks like this usually: 

1. Once you have signed on with us as a client and agreed to our fees, and we have your instructions, we will pay any disbursements (including advertising fee and Court filing fee) that are less than $1,000.00. If the disbursement is over $1,000.00 we will arrange for you to transfer these funds to our office in advance. 

2. We will send you invoices through the scope of our work. This means you will receive several invoices at each stage of legal work being completed - there is no massive lump bill at the end! 

3. We can also pre-arrange to be paid out of the estate funds, if this is convenient for you and our office. 

We accept payment methods as follows: 

- Cash 

- Direct Bank Deposit (EFT)

Magic! Most of the Courts accept remote signings and electronic filing of documents, so our firm takes care of all of the Court lodging on your behalf, no matter where you are located. We have an address for service in WA, which is required in that State. 

We get this question a lot! A Will is like a good insurance policy, in our eyes. It is always a good idea to plan for the future and to provide for people you love. We work hard and do all the right things by our family, but most of us forget to consider the legacy we leave behind once we pass away. Without a Will in place, the laws of intestacy in the relevant State or Territory will apply to your estate, which is often not in alignment with what you would have wanted or wished for!

If you are in a hospital setting and you are unable to provide consent to medical treatment or make decisions about your care, then the hospital and care team will look at whether you have this document in place, and if not, they will consult your senior next of kin. This person may not be the person you want making these life changing (and life ending) decisions. It is our advice to put this in writing, while you have capacity, and set out your wishes clearly. 

We get this question a lot too, and we understand why. The Supreme Courts do accept applications for Probate and Letters of Administration from lay people (i.e. not lawyers) however they do not treat your application any different, and there is no fee reduction for being unrepresented. 

The application is held to the same scrutiny as if a lawyer had prepared it, and you will not be able to seek legal advice from the Court. It often ends up costing you more in the long run if you engage a lawyer mid-way through your application once it has been requisitioned by the Court. 

We believe that you should engage a lawyer and seek legal advice regarding any Supreme Court application, which may have personal consequences on you and other persons. The same thinking as getting a qualified and licensed electrician to do the electrical work at your home!

Good question! The state or territory you apply for Probate or Letters of Administration is the one where the asset is registered/held. This means you have to consider things like the registered office of the asset, the BSB of the bank account, and the governing body of the aged care home, for example. The Court will decline your application and you won't have a refund of the filing fee if you lodge the application in the wrong jurisdiction (state or territory). 

At Spirit Legal, we are highly experienced in making applications for Court Grants across Australia, and we know how to best assist you in making the right application in the first instance.

Generally, we will pay the filing fee for you, and then invoice it to you later as a disbursement. If the filing fee is over $1,000.00 we ask that you pay the amount as the number of applications we file can be quite high and as a small business, we cannot carry these fees for all of our clients. The good news is that the filing fee being paid is not the first step in the application, so work can get started on your application whilst you make arrangements for the filing fee to be paid. 

Generally, we will pay the advertisement fee for you, and then invoice it to you later as a disbursement. At present, Queensland has the highest advertisement fee, being $161.70. In states and territories that require the advertisement, it must be paid for at the time of lodging or at the time of publication. 

Yes! I am available to witness your new estate planning documents! If you would prefer to have someone else witness them for you, I can provide you with clear instructions to have the documents executed correctly. 

Common question, and very important in terms of your signed Will. We offer a complimentary deeds registry, so we can store your original documents free of charge. Once we sign your documents, we can provide you with certified copies, and electronic copies. We recommend that the original documents are stored somewhere safe from fire, flood, theft and damage. 

There are some great options available for the community nowadays, and it seems that more and more people are being aware and educated about the need to manage their own estate planning. However, not everything online is comparable to sitting down with a lawyer, who can give you legal advice, explain risks and benefits to you, and assess you for capacity issues. AI and online companies cannot do this - as hard as they try, it is not possible to mirror what a human lawyer can do for you. 

I would reframe the thought to - why should I place all my trust and hard work into AI and a website, to guarantee that my children and loved ones receive what they should when I am no longer here? 

Give us a call and we can answer any questions you might have about the Will making process. 

As a small business, we don't have a fancy office (part of how we can keep your costs as low as possible!) but we do have the following options available to you:

1. We can come to you! If you are based in Victoria, we can usually complete a home visit/attendance. 

2. We can meet at a public space local to you or halfway between us (including public libraries, local cafes, parks, the possibilities are endless). 

3. We can arrange to meet at a corporate centre at a pre-arranged time. These centres are located throughout Victoria, and we have arrangements in place with several facilities for quick and easy room hire. 

4. We can meet online via Zoom, Teams, Skype, FaceTime, Google Meet, and good old fashioned telephone. 

That's ok! You can give us a call on 03 5272 7789 or send us an email at caroline@spiritlegal.com.au if you have any questions that aren't clarified on our website.