Losing someone you love is hard enough without having to work through probate forms, asset transfers, and the legal mess that follows. At Wollerman Shacklock Lawyers, we help families across Melbourne and the City of Casey manage deceased estates and probate matters with clarity, care, and straightforward advice. We serve communities including Berwick, Cranbourne, Narre Warren and across the south-east Melbourne corridor.
Whether you are an executor named in a Will or a family member needing to apply for letters of administration, our team will guide you through every step.
Principal Solicitor Patricia Sheedy (Trish) leads our firm and is an Accredited Property Law Specialist in Victoria, bringing a wealth of experience guiding executors, administrators, and beneficiaries through some of the most stressful moments of their lives. We believe in real, down-to-earth service. No jargon, no "take a number" attitude — just genuine legal support from a probate and deceased estate lawyer in Melbourne who treats you like a person, not a file number.
Probate and Estate Administration Services We Provide
Administering an estate involves complex legal documents and strict legal obligations. The steps you need to take depend on the size of the estate, whether there is a valid Will, and the types of assets involved. We handle the full process so you do not have to piece it together alone and leave yourself at risk of personal liability.
Applications for a Grant of Probate
Letters of Administration where there is no valid Will
Applications by personal representatives and surviving proprietors
Deceased estate administration and distribution
Transfer of real estate, shares, bank accounts, and superannuation proceeds
Will disputes and contested estate matters
Advice and representation for executors and beneficiaries
Wills, Powers of Attorney, and Medical Treatment Decision Makers
Applying for a Grant of Probate
If someone has named you as executor in a Will, you will generally need to apply to the Supreme Court of Victoria for a Grant of Probate before you can deal with the deceased's assets. Our probate lawyers prepare and lodge the application on your behalf, liaise with banks and financial institutions, and help you meet your legal responsibilities as executor throughout the administration process. Our efficiency and understanding of the Supreme Court requirements and processes sets us apart from other firms.
Letters of Administration When There Is No Will
When someone passes away without a valid Will — known as dying intestate — Victorian intestacy laws decide how the estate is distributed. An eligible family member can apply for Letters of Administration, which gives them the legal authority to manage and distribute the estate. We help you work out who has priority to apply, prepare the supporting affidavits, and manage the Supreme Court application from start to finish.
Deceased Estate Administration and Asset Transfers
Once the Court issues a grant, the work of actually administering the estate begins. We help executors call in assets, settle debts, transfer property, and distribute the estate to beneficiaries in line with the Will or the rules of intestacy. Our services include:
Transfer of real estate in Victoria, including Transmission Applications through Land Use Victoria
Transfer of shares, bank accounts, and superannuation proceeds
Liaising with banks, share registries, and government agencies
Identifying and paying creditors
Preparing final statements of estate distribution
Supporting Executors and Beneficiaries
Acting as an executor carries large legal responsibility. From identifying assets and paying debts to distributing the estate to beneficiaries, the role can be demanding and emotionally stressful. We are here to take the pressure off, explaining your duties, drafting correspondence, and managing the legal process so you can focus on what matters most whilst knowing you are protected from any risk of personal liability.
Will Disputes and Contested Estates
Family dynamics can complicate even the most carefully drafted Will. If you are an executor defending an estate or a family member who believes the Will has not properly provided for you, we can advise on your position and next steps under Victorian law.
There are steps interested parties can take to prevent a grant being made or an estate being distributed, for example, if they dispute the validity of the Will or the executor's authority. Time limits apply, so acting promptly and obtaining legal advice on your position first is crucial. . We can assess the strength of a claim, advise on realistic outcomes, and work toward resolution without unnecessary court proceedings where possible.
Related Estate Planning Work
Many clients come to us after a loved one has passed away and it serves as a reminder to get their own affairs in order at the same time. We also assist with Wills, Powers of Attorney, Medical Treatment Decision Makers, and broader estate planning, so your family is not left guessing later on.
Why Choose Wollerman Shacklock as Your Probate Lawyer Melbourne
We are a small Melbourne firm, and that is by design. When you are dealing with a deceased estate, the last thing you need is to be passed between strangers or kept out of the loop. Here is what sets us apart:
Accredited specialist knowledge: Trish is one of roughly 75 Accredited Property Law Specialists in Victoria, which matters when estates include real estate, subdivisions, or commercial holdings. Our experienced estate administration team knows the ins and outs of estate administration so we can provide efficient and clear administration advice and guidance.
Fixed-fee transparency: We quote upfront so you know what things cost from day one, with no surprise bills during an already difficult time.
Honest advice: We tell you how it is, not what you want to hear. If a claim won't succeed or a step is not worth the cost, we will say so.
Real person service: Our values of equality, respect, and integrity guide every conversation, every email, and every appointment.
Local knowledge: Based in the heart of the City of Casey, we understand the Melbourne community we serve and have supported families here for years.
With professional indemnity cover of $2.5 million, public liability of $20 million, and 85% of our new business coming from referrals, you can trust that your family's matter is in capable, knowledgeable hands.
Probate & Deceased Estate Lawyer Melbourne
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Common Questions About Probate and Deceased Estates in Melbourne
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The Supreme Court grants most straightforward probate applications within four to eight weeks of lodging, provided all documents are in order. Administering the full estate — collecting assets, paying debts, and distributing to beneficiaries — typically takes between six and twelve months depending on complexity. We keep you informed at each stage so you always know where things are at and advice you on the best times to distribute the estate to minimise any potential claims or risks to you.
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Not always. If the estate is modest or assets were jointly held, probate may not be required. We review the assets, liabilities, and ownership structure at your first appointment and tell you honestly whether you need a grant or not. We can then assist with transferring any jointly held assets to your sole name if probate is not required.
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The law does not require you to use a lawyer, but probate applications involve strict procedural rules, detailed court forms, firm legal deadlines, and strict legal obligations on executors. Mistakes can cause delays, personal liability for executors, or disputes down the track. Engaging a knowledgeable probate lawyer in Melbourne means we handle the application correctly the first time, minimising the risk to you as executor. Saving a little bit now, can end up costing you a lot more later on.
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Probate applies when there is a valid Will left by a deceased person. Letters of Administration apply when a person dies without a Will, or the deceased's Will is deemed invalid by the Supreme Court of Victoria. Both grants provide legal authority to manage the estate. The process simply differs depending on the circumstances.
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Costs vary depending on the size and complexity of the estate. We provide fixed-fee quotes upfront for probate and letters of administration applications so you know the full cost before you commit. There are also Supreme Court filing fees, which we will explain during your initial appointment.
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You will generally need the original Will, the death certificate, and an inventory of assets and liabilities. The estate may also need to be advertised. Missing or incorrect documentation delays the application. We prepare the application carefully so the first filing is ready to be accepted without repeated requisitions which can delay the administration of the estate.
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As executor, you are responsible for locating the Will, identifying all assets and liabilities, applying for probate where required, paying the deceased's debts and final tax obligations, and distributing the estate to beneficiaries. You can be held personally liable for mismanagement or errors. Having a deceased estate lawyer guide you through each step protects both you and the beneficiaries for any errors and claims against you or the estate.
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No. Executors cannot access or distribute estate assets to beneficiaries before probate is granted, and they could be held personally liable for losses resulting from early distribution. Certain limited expenses such as paying funeral expenses are permitted. We advise on what you can and cannot do while the application is pending.
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Yes. This is where our firm is particularly well-placed. With Trish's accreditation in property law, we handle the property side of estates efficiently alongside all other steps in the process, including transfers to beneficiaries, sales, and any title issues.
A Transmission Application is the legal process used to transfer real property from a deceased person's name to the executor/s. It is handled through Land Use Victoria and can only be undertaken after Probate or Letters of Administration have been obtained. If the estate includes real property in Victoria, this is one of the steps we manage as part of the administration process.
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Will disputes are more common than most families expect. In Victoria, grounds include lack of testamentary capacity, undue influence, or inadequate provision under Part IV of the Administration and Probate Act 1958. Time limits apply, so acting promptly matters. We can assess the strength of a claim, advise on realistic outcomes, and work toward resolution without unnecessary court proceedings where possible.
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Estates that include property in more than one Australian state may require separate probate applications in each relevant jurisdiction. The process and costs vary by state. We handle the Victorian application and can coordinate with solicitors in other states to avoid duplication and keep the estate moving.
Speak With a Melbourne Probate and Deceased Estate Lawyer Today
Dealing with a loved one's estate should not feel like an uphill battle. Whether you need to apply for probate, obtain letters of administration, or simply want to know where you stand as an executor or beneficiary, the team at Wollerman Shacklock Lawyers is here to help. We will sit down with you, explain your obligations in plain language, and give you a clear fixed-fee quote before any work begins.
Get in touch with Wollerman Shacklock Lawyers to book an appointment with Trish and the team:
Call us on (03) 9707 1155 between 9:00am and 4:30pm, Monday to Friday.
Email admin@wslegal.com.au with a brief outline of your matter.
Visit us at Unit 2/43 Rainier Crescent, Clyde North VIC 3978.
Our office offers on-site parking and wheelchair accessible access, and we aim to respond to every enquiry within one business day. When you are ready to talk, we are ready to listen.