Practice Specialisations
We can assist with:
Insolvency & Bankruptcy Disputes
Commercial, Shareholder and Contract disputes
Property disputes
Financial disputes
Business Debt Recovery
If you need support with any of the above, please contact our probate team.
We’re behind you. Every step of the way.
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Alex Nicol
Managing Principal
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Mike Chenoweth
Principal
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Nicole Jee
Principal Lawyer
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Caroline Skeoch
Principal Lawyer
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Andrew Blogg
Principal Lawyer
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Bao Ngo
Principal Lawyer
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Erin Prout
Principal Lawyer
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Tim Graham
Principal Lawyer
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Philip Fox
Consultant
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Rod Lindquist
Consultant
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Oren Polichtuk
Senior Associate
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Sam Merrylees
Senior Associate
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Zoe Zhou
Senior Associate
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Isaac Choi
Associate
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Matthew Emmerton
Associate
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Kate Doherty
Lawyer
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Priscilla Chengabraydoo
Law Graduate
Clear Strategy From the Start
We help you understand your options early, so you can make informed decisions before a dispute becomes more costly or disruptive.
We focus on practical outcomes, not unnecessary conflict. Where a negotiated result is possible, we work to resolve matters efficiently and commercially.
Ready to Litigate When Needed
While we often explore alternatives to court proceedings, we are experienced in contested matters and can act decisively when litigation is required.
Our team brings strong advocacy, careful preparation and sound judgment to protect your interests in formal proceedings.
Protecting Your Position
While we often explore alternatives to court proceedings, we are experienced in contested matters and can act decisively when litigation is required.
Our team brings strong advocacy, careful preparation and sound judgment to protect your interests in formal proceedings.
Protecting Your Position
We understand that disputes are not just legal issues, they are commercial and personal challenges which can be highly disruptive to go through for the first time. Our role is to guide you through the process with clear advice, measured strategy and a focus on outcomes that make sense for you personally, and for your business.
Why Choose Aitken Partners
Offer clear, compassionate legal advice
Prepare and manage probate or administration applications
Guide you through asset distribution, tax and compliance
Protect the estate from disputes or claims
Support you in your role as executor, administrator, or beneficiary
What Happens If There Is No Will?
If someone dies without a will in Victoria, their estate is distributed according to intestacy laws:
Responsibilities of Executors and Administrators
Once a grant is obtained, the executor or administrator must:
Pay funeral costs and estate debts
Collect or sell estate assets
Manage investments or sale proceeds
Meet tax obligations
Distribute the estate according to the Will or intestacy law
Executors and administrators carry personal liability. Mistakes — such as premature or incorrect distribution — can result in financial responsibility. Legal guidance is essential.
Frequently Asked Questions
Probate law is the legal process of administering a deceased person's estate, including identifying and valuing their assets, paying off debts and taxes, and distributing the remaining assets to beneficiaries. It is typically overseen by a probate court.
A grant of probate is a legal document issued by a probate court that authorises the executor named in a will to administer the deceased person's estate. It gives the executor the legal authority to deal with the deceased's assets and liabilities.
The time it takes to obtain a grant of probate can vary depending on several factors, including the complexity of the estate, the efficiency of the probate court, and any potential disputes among beneficiaries.
In general, the process can take anywhere from a few months to a year or more.
In many jurisdictions, you can apply for a grant of probate yourself without hiring a lawyer.
However, the process can be complex, and it's advisable to seek legal advice, especially if the estate is large or complicated.
Yes, an executor can renounce their role even after a grant of probate has been issued.
However, they must do so in writing and submit the renunciation to the probate court. Once the renunciation is accepted, the court will appoint a new executor to administer the estate.
A grant of letters of administration is a legal document issued by a probate court that authorises an administrator to administer the estate of a person who died intestate (without a will). The administrator is typically a close relative of the deceased, such as a spouse or child.
To apply for a grant of letters of administration, you generally need to file a petition with the probate court.
The petition should include information about the deceased, their assets and liabilities, and the proposed administrator. The court will review the petition and, if approved, issue a grant of letters of administration.
Located in Melbourne CBD at Level 28, 140 William Street, Melbourne. Servicing all Melbourne suburbs online and within a 15-minute drive for: Melbourne CBD, Carlton, Fitzroy, Richmond, South Yarra, St Kilda, Brunswick, Collingwood, Prahran, South Melbourne, North Melbourne.
Please note: The information in this article is provided for general information purposes only and does not constitute legal advice. It is not intended to be comprehensive or to apply to any specific circumstances. You should seek independent legal advice before acting on any information contained in this article.