Probate
Lawyers
When a loved one passes away, navigating the legal process of administering their estate can feel overwhelming during an already difficult time. Our experienced probate lawyers are here to guide you through every stage of estate administration, from obtaining grants of probate to resolving contested wills and probate disputes.
Whether you’re an executor seeking assistance with your duties, a beneficiary concerned about estate administration, or someone needing to challenge a will, our dedicated team of probate solicitors provide expert legal support. We ensure estates are administered properly and your rights are protected throughout the probate process.
Am I eligible for probate legal services?
Anyone involved in estate administration may need probate lawyers, depending on their role and circumstances. Whether you require legal assistance depends on the complexity of the estate and any issues that may come up during administration.
1. Are you the executor named in a will?
Was the care you received below what would be expected from a competent professional in similar circumstances?
2. Are you a beneficiary with concerns about estate administration?
This may include:
- Physical injury or a worsening of your condition
- Emotional or psychological distress
- Financial loss from extra treatment or time off work
3. Do you need to challenge or defend against a will contest?
Probate claims:
Your rights, our fight
When estate administration becomes complex, delayed, or disputed, specialist probate lawyers can provide essential guidance. Probate law covers everything from securing authority to act and administering estates to resolving disputes involving wills, executors, and beneficiary entitlements.
Our team advises and represents executors, beneficiaries, and claimants across all aspects of probate, ensuring estates are managed correctly and disputes are handled efficiently and fairly.
Obtaining a grant of probate
If you’ve been named as an executor and need legal authority to deal with a deceased estate, obtaining a grant of probate is often the first step. Probate lawyers can help ensure the application is handled correctly, particularly where there are delays, missing documents, or concerns about the validity of the will.
Estate administration
Administering an estate can be time-consuming and legally complex, especially where significant assets or multiple beneficiaries are involved. Probate lawyers can support executors by guiding them through their duties, helping avoid personal liability, and ensuring the estate is managed and distributed in accordance with the law.
Intestacy
When someone dies without a valid will, their estate must be distributed according to intestacy laws. Probate lawyers can help eligible parties understand their entitlements, manage the administration process, and address disputes or claims that may arise.
Complex estate issues
Some estates involve additional complications, such as overseas assets, blended families, business interests, trusts, or superannuation. Probate lawyers provide strategic advice to navigate these complexities and resolve disputes over ownership, valuation, or distribution.
Speak with a probate lawyer now
Start with a free consultation and get your case reviewed within minutes.
Why Choose Gerard Malouf & Partners
What outcomes can you pursue through probate proceedings?
The nature of what you can claim or recover through probate proceedings depends on your circumstances and the issues involved in the estate administration.
For family provision claimants
Economic losses | Medical and rehabilitation expenses, lost income and reduced earning capacity, care and assistance costs, and ongoing support needs not adequately provided for in the will. |
Non-economic losses | Pain and suffering, loss of enjoyment of life, loss of relationship with the deceased, and recognition of moral obligations owed by the deceased. |
For beneficiaries addressing executor misconduct
Recovery of estate losses | Compensation for assets lost or damaged through executor negligence, interest on delayed distributions, estate assets misappropriated or misused, and diminished estate value from poor investment decisions. |
Removal and replacement costs | Legal costs of removing unsuitable executors and appointing appropriate replacement administrators. |
For executors defending challenges
Protection of estate assets | Ensuring estate funds aren’t depleted by unmeritorious claims or unreasonable litigation. |
Recovery of costs | When executors properly defend against challenges, with costs often paid from estate assets when the defence was reasonable. |
Our Unique Fee Reduction Guarantee
Satisfaction first:
Fees second
If our service fails to meet the high standards we set, we’ll reduce our fees. We are the only Australian firm that backs our service with a written cost reduction promise, giving you total confidence in your claim.
The compensation claim process: Your journey with GMP Law
Initial consultation
Evidence gathering
Claim submission
Negotiation
We’ll advocate fiercely on your behalf, aiming for a fair settlement that truly reflects your needs.
Court representation
Ongoing support
We’re here to address any questions or concerns that arise along the way.
Why choose our contested wills and probate lawyers?
Our No Win No Fee probate lawyers specialise in handling some of the most complex and challenging cases. With deep expertise in compensation law, we understand the unique difficulties these claims present and know how to navigate them effectively.
Key benefits include:
98% success rate
Australia-wide coverage.
Expert lawyer support in every state
Free initial consultation
to assess your claim
Award-winning lawyers
Proudly recognised by Doyles Guide 2025 for excellence in personal injury legal services.
No Win No Fee.
No Win No Fee
Fee transparency that you can trust
At GMP Law, we’re committed to ensuring you have nothing to lose with our No Win No Fee service.
How our No Win No Fee system works:
No upfront costs
Start your claim without any financial risk
No contingency fees.
We don’t take a percentage of your settlement
Fair hourly rates.
When you win, we charge transparent hourly rates
Careful case evaluation.
We only take cases we believe can succeed
Our commitment. If we don’t believe your case will result in compensation or if costs outweigh benefits, we won’t take it on. This dedication to our clients’ best interests sets our No Win No Fee probate lawyers apart.
What our clients say:
These are genuine reviews from real clients on Google, sharing their experiences with our contested wills and probate lawyers.
Turning injuries into justice, transforming lives through compensation
At GMP Law, we’re not just fighting for compensation – we’re fighting for your right to recover, rebuild, and reclaim your life after an injury. Read our probate and contested wills case studies:
A second wife’s inheritance rights in Australia
Are you considering how to provide for your second wife in your will? Perhaps you’re a second wife concerned about your
Adult Child Gets $120K Compensation After Contesting Mum’s Queensland Estate
Case Overview Our client was an adult son wanting to make family provisions claim against his late mum’s Queensland The client’s
Children of Deceased Worker Compensated Following a Death Benefit Claim
Workers compensation for death: Deceased’s adult children awarded compensation after death benefit claim A worker in Australia suffered a work-related injury
Our Client Received 40% of Estranged Father’s Estate Under Family Provision Claim
Case Overview Our client’s father passed away in late 2019, leaving the bulk of his estate to his niece. As the
Adult Son Contest Father’s Will in New South Wales and Wins $75,000
Gerard Malouf and Partners was approached by an adult son seeking information on how to make a Family Provision Claim. He
Sons Claim on Father’s Newcastle Estate to Receive an Equal Share
We were contacted by 2 brothers to receive advice in relation to their late father’s Newcastle Estate. Their father had been
Meet our probate lawyers
Meet our dedicated team of probate lawyers, experienced in advising and representing clients across all aspects of probate and estate matters. Our team specialises in complex issues, including contested wills, family provision claims, executor disputes, intestacy, and estate administration challenges.
We are committed to achieving fair, practical outcomes for individuals and families navigating difficult probate and estate-related issues.
Frequently Asked Questions about probate proceedings
What is a grant of probate?
A grant of probate is a Supreme Court order confirming a will’s validity and authorising the executor to administer the estate. It is often required to deal with estate assets such as property, bank accounts, and shares. While some small or simple estates may not require probate, obtaining a grant usually provides legal certainty and helps ensure assets can be transferred smoothly.
When is probate contested?
Contested wills and probate proceedings occur when someone challenges either the will’s validity or the adequacy of provision made. Validity challenges allege the deceased lacked testamentary capacity, the will wasn’t properly executed, or undue influence or fraud affected the will’s creation.
Family provision claims don’t challenge the validity but argue the will doesn’t adequately provide for eligible persons. These challenges must be brought within strict time limits and require substantial evidence to succeed.
Read more: Contesting a will in NSW, Contesting a will in QLD, Contesting a will in VIC
Do I need a probate lawyer to obtain probate?
While you can apply for probate without a lawyer, most executors engage probate solicitors. The process involves:
- Complex legal requirements
- Detailed court forms and affidavits
- Potential liability for mistakes or omissions
- Requirements for sworn evidence and proper procedure.
Probate lawyers ensure applications are prepared correctly, minimising delays and avoiding errors that could result in personal liability. For contested estates, intestacy, or complex assets, legal representation is essential. The cost of engaging a probate lawyer is typically paid from estate funds, not personally by executors.
How long does the probate process take?
Uncontested probate applications usually take around six to 12 weeks to be granted, depending on the court and the complexity of the estate. Estate administration commonly takes six to 18 months after probate is granted.
Where a will is contested, matters can take 12 months or longer to resolve. A probate lawyer can provide more accurate timeframes based on the circumstances of the estate.
Can I be removed as executor?
Executors can be removed by courts if they:
- Fail to perform duties
- Breach fiduciary obligations
- Have conflicts of interest affecting proper administration
- Become incapacitated or unsuitable
- Unreasonably delay administration.
Beneficiaries or co-executors can apply for removal, though courts consider such applications carefully as they disrupt estate administration. If facing removal applications, probate lawyers can defend your conduct and demonstrate you’re properly fulfilling executor duties. Voluntary resignation is also possible if you feel unable to continue serving.
Learn more about estate cases
Family provision claims: Who can claim and how
Losing a loved one is one of life’s most difficult experiences. Amid the grief, many Australians discover they may not have
What happens if you die without a will: Why you need one
When someone passes away without leaving a will—a situation called dying intestate—their estate doesn’t simply go to the government or disappear.
How much does it cost to contest a will? Who pays court costs?
When you’re considering challenging a will because you’ve been inadequately provided for or believe there are grounds to dispute its validity,
Beneficiary of a will: Rights, entitlements and next steps
Losing a loved one is an incredibly difficult time, and the last thing anyone wants to do while grieving is navigate
Intestacy rules: Who inherits without a will?
Writing a will and clearly setting out how you want your estate managed after your death is one of the most
Can a sibling contest a will? A guide for family members
The death of a parent or family member often brings not only grief but also complex questions about inheritance and estate
Talk to a probate lawyer today
Start with a free consultation. Call 1800 004 878, or request a call back below.
