The process of obtaining a Grant of Probate can be quite lengthy and expensive. It involves an application to the Supreme Court of Queensland, advertising and strict time frames for both.
Probate can also become complicated in some circumstances, for example:
- If there is a concern the deceased didn’t have capacity to make their Will; e.g. dementia, mental health issues etc
- If the Will isn’t signed properly
- If there is more than one original Will
- If the Will wasn’t witnessed
- If the Will was witnessed by the wrong people
- If the Will has holes or marks on it that require explanation
A Will is an incredibly important document and should always be prepared by an experienced person. The issues above are only some of the problems that can arise and to overcome these can be very lengthy, stressful and expensive.
Once you have obtained a Grant of Probate, the executor is permitted to commence calling in the assets, paying estate liabilities and distributing the estate in accordance with the deceased’s last Will.
Another type of Grant is Letters of Administration. See our post on Letters of Administration here.