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    • Our law firm
    • Property Law
      • Property and Conveyancing
      • Property Development
      • Solicitors Certificate
    • Wills & Estates
      • Wills and Estates
      • Probate
      • Powers of Attorney
    • Commercial Law
      • Corporate and Commercial
      • Business Sale & Purchase
      • Commercial Leases
    • Litigation
      • Litigation and Disputes
      • Liquidation & Winding Up
      • Unfair Dismissal
    • About us
    • Legal insights
    • Contact us

(03) 9939 3556

  • Our law firm
  • Property Law
    • Property and Conveyancing
    • Property Development
    • Solicitors Certificate
  • Wills & Estates
    • Wills and Estates
    • Probate
    • Powers of Attorney
  • Commercial Law
    • Corporate and Commercial
    • Business Sale & Purchase
    • Commercial Leases
  • Litigation
    • Litigation and Disputes
    • Liquidation & Winding Up
    • Unfair Dismissal
  • About us
  • Legal insights
  • Contact us

Pera Lawyers

Pera LawyersPera LawyersPera Lawyers

Estate Lawyers FOr Coburg

Drafting a will in Coburg

If you are in Coburg and need a will, then contacting our specialised team can be the first step to getting your estate planning underway. We can help you to navigate the complexities of Victorian estate laws and ensure that your will is tailored to your unique needs. 

Find out more

Probate and deceased estate administration in Coburg

We are regularly engaged by executors of estates to provide probate and estate administration services in Coburg and across Victoria. Our team ensures the efficient and accurate distribution of assets, offering clients peace of mind during challenging times.  

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Powers of Attorney in Coburg

Our lawyers offer dedicated services for drafting Powers of Attorney in Coburg and across Victoria, providing individuals with tailored legal guidance to navigate the complexities of appointing trusted representatives and safeguard their interests. 

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What we offer our Wills & Estates clients

Coburg based online wills and estates service solicitors and lawyers.

Online Wills and Estate Services

Victoria Wide Estate Planning Services

Victoria Wide Estate Planning Services

Choose the flexibility that suits you best. Whether you prefer the traditional approach or the convenience of remote/online services, our experienced team is here to optimise the management of  your estate matter. For those clients that prefer, most of our services are available online. 

Victoria wide estate planning lawyers and probate lawyers in Coburg

Victoria Wide Estate Planning Services

Victoria Wide Estate Planning Services

Victoria Wide Estate Planning Services

Whether you're navigating the metropolitan areas or seeking support in regional locations, our expert estates team stands prepared to deliver a comprehensive and reliable estate planning and administration services across the entire state of Victoria, ensuring personalised guidance at every step .

letters of administration lawyers and probate lawyers and solicitors and barristers in Coburg

Simplified Legal Process

Victoria Wide Estate Planning Services

Simplified Legal Process

We are committed to providing you with a straightforward and efficient experience, ensuring a hassle-free journey through the complexities of wills and estate laws. We aim to make the entire process transparent, ensuring you feel confident and supported every step of the way.  

Coburg lawyers and probate lawyers for wills and deceased estates with expertise and knowledge

Expertise & Knowledge

Victoria Wide Estate Planning Services

Simplified Legal Process

  Our clients benefit from the wealth of knowledge and expertise our team brings to the table for their wills and estates matters. Our skilled lawyers are always committed to delivering precision and proficiency, ensuring your legal matters are handled with the utmost care, diligence and sensitivity.   

Coburg Estate Lawyers: Wills, Probate and Estate Planning Experts

Top Six reasons to retain an estate Lawyer

Whether you have been appointed as an executor of a deceased estate in Coburg or across Victoria, or require a will or power of attorney to be drafted, our team of estate lawyers can lend their expertise to facilitate and guide you through the legal process.  Our commitment is to provide comprehensive support and ensure a smooth and successful process tailored to your specific needs. Below are some of the top reasons why our clients retain an estates lawyer. 

1. Expertise in Complex Laws

An estates lawyer possesses in-depth knowledge of intricate estate laws, ensuring your assets are distributed according to your wishes while navigating legal complexities. If you have been appointed as an executor of a will in Coburg or anywhere in Victoria, an estate lawyer can assist you with applying for probate and ensuring that you fulfil your obligations and duties as executor. 

2. Avoiding Errors and Delays

Professional guidance minimises the risk of errors in drafting wills, probate documents, and other estate-related paperwork, preventing delays and potential disputes. 

3. Customised Estate Planning

An estates lawyer tailors strategies to your unique circumstances, providing personalised solutions that consider your family dynamics, financial situation, and specific legal requirements. This advice could prevent disputes from arising over your estate and ensue that your final wishes are carried out. 

4. Probate and Administration Assistance in Coburg and Victoria

From efficiently managing the probate process to handling estate administration, a lawyer streamlines the legal procedures, saving time and alleviating the burden on family members during difficult times. 

5. Dispute Resolution

Should disputes arise, an estates lawyer brings valuable experience in resolving conflicts, whether through negotiation, mediation, or litigation, ensuring that outcomes are in accordance with the law. 

6. Peace of Mind

By retaining an estate lawyer, you gain peace of mind knowing that legal professionals are overseeing your estate matter. This can reduce stress and uncertainty, allowing you the peace of mind to know that that your legal matters are in capable hands. 

common questions about probate and letters of administration

The following are some of the most frequently asked questions our office receives about probate and letters of administration in Coburg and across Victoria:

To obtain a grant of probate or letters of administration, you will need to make an application to the Supreme Court of Victoria. The Court requires that you lodge the following documents:

  • An originating motion for a grant of probate or letters of administration.
  • A copy of the advertisement for probate or letters of administration (done via the Probate Online Advertising System) which needs to be done 14 days before filing of the originating motion.
  • An executors or administrators affidavit which exhibits a certified copy of the death certificate of the deceased, the will (if any) and an inventory of assets and liabilities of the estate.

Sometimes, the Court will require further documentation to be filed. For example, if the will has been executed with different pens, the Court can request an affidavit of due execution to be filed. We can help you prepare these documents. Once the Court is satisfied with the application, it will issue the executor a formal grant of probate or letters of administration document.


The primary role of the executor is to fulfil the wishes of a will or follow the Victorian law that governs what happens to the estate of someone who has died “intestate” (without a valid will). This will involve:

  • Collecting/realising the assets of the estate
  • Paying any debts of the deceased (for example funeral expenses and creditor debts)
  • Distributing the assets

An executor can refuse their appointment if they do not believe they can fulfil this role. 


An executor or administrator an estate has fiduciary obligations towards the estate. This means that they are required look out for the beneficiaries' best interests and behave in their best interest at all times. Timely administration and distribution of the estate is the responsibility of the executor, who must factor in all relevant matters that may emerge. The executor should be careful to ensure that they have complied with their duties to the estate and obtained appropriate legal advice and taxation advice. If an executor breaches their duties, they could be personally liable for their actions to the estate. It is important for executors to act diligently and carefully in fulfilling their duties to avoid such consequences. Getting the right legal advice can be critical in protecting the executor and the estate.


The costs of legal fees are payable by the estate so the executor or administrator should not be out of pocket for these expenses. 


Common questions about wills in Coburg or Victoria

The following are some of the most frequently asked questions our office receives about wills in Coburg and across Victoria: 

The first step is to make a time with one of our lawyers for an appointment. During your consultation, we will discuss your estate planning matters including taking details of your assets and liabilities, trust structures, superannuation, family structure and any risks of a challenge to your Will. We will also consider whether you need a Power of Attorney or Medical Treatment Decision Maker document.  Based on your instructions, our legal team will draft your will (and any other required documents). We usually email you a draft copy for your review. Upon finalisation, your Will is ready for signing.   


An executor is a person given the responsibility to deal with the assets and liabilities left behind by the deceased. This person is often chosen by the deceased in their will. In Victoria, the only requirement for being an executor is that you are over the age of 18. Beneficiaries may also be executors, and you are not obligated to be the executor of a will, even if you have been named. In such a case, however, you will need to make formal arrangements so that a new executor may take your place. 


Yes, a solicitor can act your the executor of your will. Our lawyers accept appointments to act as executor in your will, if you prefer to have a solicitor undertake this role. 


When we take your instructions, our lawyers will advise you of a time estimate. From time to time we are called on to make urgent wills and we do our best to facilitate this service.  We are able to make offsite visits to hospitals and other such facilities on a case by case basis.   


For your will to be valid, it must be signed and witnessed. We can either provide you with comprehensive instructions on how to sign the will or witness you signing it (in person or online). We offer complimentary storage of your signed original will.   


A will is generally challenged through an application to the court and litigious proceeds. The first step in contesting a will is to obtain legal advice. Not everyone is entitled to file a claim, and a lawyer can advise you on your options. Such claims must be acted on immediately as an eligible person will have 6 months from the date of the grant of probate to challenge the will. 


Common Questions about powers of attorney

The following are some of the most frequently asked questions our office receives about powers of attorney in Coburg and across Victoria: 

 A power of attorney is different to a will and unlike a will , a power of attorney ceases to have effect if the principal passes away. A will is a document that is used to distribute the estate of a person once they have passed away whereas a Power of Attorney allows a Principal to give  certain decision making powers to another person.  


 

Section 26 of the Powers of Attorney Act 2014 limits the matters for which Enduring Powers of Attorney can be given. Some of the restrictions created under this section of the Act include a prohibition on a principal from authorising an attorney to: 

  • make or revoke a will for the principal
  • make or revoke an enduring power of attorney for the principal
  • vote on the principal's behalf in an election
  • consent to the entering into or dissolution of a marriage of the principal or of a sexual relationship of the principal
  • make or give effect to a decision about the care and wellbeing of any child of the principal or about the adoption of a child under 18 years of age of the principal
  • enter into, or agree to enter into, a surrogacy arrangement, within the meaning of the Assisted Reproductive Treatment Act 2008 , on the principal's behalf
  • consent to the making or discharge of a substitute parentage order, within the meaning of the Status of Children Act 1974 , on the principal's behalf 
  • manage the estate of the principal on the death of the principal
  • consent to an unlawful act

A Principal can make any restrictions it choses in the Power of Attorney document and should carefully consider what powers it authorises an attorney to do. For example, some powers of attorney instruments will prohibit the Attorney from dealling real estate interests of the principal. 


Under section 4(1) of the Powers of Attorney Act  2014, a person has the capacity to make a decision if they are able to: 

  • understand the information relevant to the decision and the effect of the decision
  • retain that information to the extent necessary to make the decision
  • use or weigh that information as part of the process of making the decision
  • communicate the decision and the person's views and needs as to the decision in some way, including by speech, gestures or other means


An attorney who has been appointed under an Enduring Power of Attorney must act in accordance with the law and perform their duties, as provided under Section 63 of the Powers of Attorney Act 2014. The duties provide that an attorney:

  • must act honestly, diligently and in good faith
  • must exercise reasonable skill and care
  • must not use the position for profit (unless permitted under section 70)
  • must avoid acting where there is or may be a conflict of interest unless the attorney is authorised by the power, the principal or VCAT
  • must not disclose confidential information gained as the attorney under the power unless authorised by the power or by law
  • must keep accurate records and accounts as required by section 66.


Section 28 of the Powers of Attorney Act  2014 provides who is eligible to be appointed as an attorney. A person is eligible to be appointed attorney if they: 

  • are over 18 years of age
  • are not insolvent under administration
  • have not been convicted or found guilty of an offence involving dishonesty or if the person has been convicted or found guilty of an offence involving dishonesty, has disclosed the conviction or finding of guilt to the principal and the disclosure of the conviction or finding of guilt has been recorded in the enduring power of attorney; 
  • are not a care worker, a health provider or an accommodation provider for the principal

You should give careful consideration to who you are appointing as your attorney. It is an important decision and one which should not be taken lightly. We always recommend that you should only appoint someone that you trust as your attorney. This is because of the wide ranging powers that an appointment of an attorney can provide. 


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Our Contact Details

Suite 8B, 80 Keilor Road, Essendon North Victoria 3041, Australia

Melbourne Office: Exchange Tower, Level 1, 530 Little Collins St, Melbourne Victoria 3000, Australia All mail: PO Box 306, Essendon North VICTORIA 3041, Australia E: info@peralawyers.com.au P: (03) 9939 3556 M: 0434 506 596 (Sam Ozturk | Lawyer)

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Copyright © 2020 Pera Lawyers Pty ltd (ACN 646 048 419) as trustee for the Pera Trust trading as Pera Lawyers (ABN 454 994 910 21) - All Rights Reserved.


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Essendon Office (head office): Suite 8B, 80 Keilor Road, Essendon North, Victoria 3041


Melbourne Office: Exchange Tower, Level 1, 530 Little Collins St, Melbourne Victoria 3000, Australia 

  • Property and Conveyancing
  • Property Development
  • Wills and Estates
  • Probate
  • Powers of Attorney
  • Corporate and Commercial
  • Business Sale & Purchase
  • Commercial Leases
  • Litigation and Disputes
  • Liquidation & Winding Up
  • Unfair Dismissal
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