Under most circumstances, a person’s estate goes to their direct beneficiaries and dependents. However, there are situations in which either a will is not there at the time of death or the validity of the will is questionable. Under such unusual situations, the court grants a letter of administration after evaluating the evidence that is presented during the court proceedings.

As these proceedings are complicated, hiring a professional lawyer from a firm like Probate Australia is the best way to ensure that an efficient decision will be taken. Probate applications Victoria can be filed for getting a grant from the court or for contesting the will if a dependent of deceased feels that the will has been unfair towards their basic living needs.

Some unusual scenarios in the grant of probation

  1. When the sole beneficiary is mentally incapable:
  • The beneficiary cannot apply for a grant and if there is no mention of substitution of the same in the will.
  • In such a case, the court can grant a letter of administration to institute an executor under the clause Durante dementia.
  1. When the executor is a non-resident of the state:
  • When the rights of administration are in the hands of a person who is not a resident of Victoria, the court grants the right to the attorney in charge.
  • Such a grant is temporary and needs a power of attorney signed by the executor.
  1. Corporation grants:
  • Obtaining grants in case of the corporation sole is a direct process.
  • Corporations aggregate cannot receive a grant in such a straightforward manner.
  • A nominee or syndic needs to be appointed by the corporation as an oath-taker on behalf of the entire corporation.
  • Therefore, first, an instrument of appointment is to be filed under the corporation seal.
  • Surety guarantee also needs to be filed before the appointed syndic can apply for the grant.
  1. When the deceased had debts payable:
  • The creditor can apply for debt collection from the estate of the deceased.
  • Such a grant can be authorized only after providing the evidence of debt due, particulars of debt, and an affidavit stating the total debt amount.
  • Consent of all those who are the beneficiary of the grant is also required before applying.
  1. When a living person lacks testamentary capacity:
  • For such a person, anyone related to the person while still alive can apply for a grant of statutory wills.
  • The will formed needs the registrar’s signature and court seal.
  • The original is kept in safekeeping by the registrar.
  1. Unlawfully obtained grants:
  • If the grant is obtained using illegal measures, the grant can be revoked by the court.
  • Application of revocation can be filed in such a case.

One can also send the original will for safekeeping with the registrar after paying specified fees and registering with RedCrest-Probate.

In any of these circumstances, it is best to consult a solicitor as they can handle the legal paperwork and proceedings better by taking a more knowledgeable approach regarding the laws of the state and assuring that each of the beneficiaries gets rightful distribution of the estate of the deceased.