Support when there is a will, and an executor ready to act
Probate lawyers in Melbourne
If you need legal support with probate in Victoria, Carew Counsel offers calm, clear and expert guidance. Our team can assist you in applying for a grant of probate (or letters of administration) and in managing the estate with confidence.
Specialist family law firm
We have 40+ years of experience dealing with family law matters.
Client focused
Get the help, guidance, and legal support you need to move forward.
Commendable service
We’re ranked in the top five family law firms in Melbourne.
Open and upfront
We will clearly outline expectations and a quote for legal fees following your initial consultation.
Calm, expert support when you’ve been named as executor
Being the executor of a will comes with important legal responsibilities, often at a time of deep personal loss. If you’re in this position, it’s normal to feel unsure about what probate involves or how to begin.
At Carew Counsel, we don’t just explain the process. We offer calm, expert support to help you carry out your duties with confidence. Whether it’s your first time administering an estate or you’re facing added complexity, our team is here to guide you with care. As trusted will and estate lawyers in Melbourne, we support clients with probate and estate administration.
Our awards and memberships
%20copy.webp){kind=logo}
Probate and estate services tailored to your situation
We provide practical, compassionate probate and estate administration services for executors managing a loved one’s estate. From verifying the will to obtaining the grant of probate and distributing the estate assets, our expert lawyers support you through each step of the probate process.
Verifying the will and eligibility of the executor
We confirm the validity of the will and ensure you are legally recognised as the executor of the estate. If any issues arise, we help resolve them before proceeding.
Preparing and lodging the probate application
Our lawyers prepare all necessary documentation and lodge your application with the Supreme Court Probate Office. We ensure every requirement is met so you can obtain a grant of probate without unnecessary delays.
Supporting the executor in their legal duties
Once probate is granted, we assist you in administering the estate, from collecting assets and paying liabilities to meeting deadlines and legal obligations.
Managing delays, disputes or complications
If complications arise, such as unclear terms in the will or disagreements regarding the distribution of estate assets, we provide expert legal advice to help you respond calmly and effectively.
When to speak to our probate lawyers
It’s time to speak to a solicitor when you’ve been named as an executor in a will and are unsure what to do next. You may need to apply for probate, gather documents, or respond to urgent requests from banks or institutions.
We also recommend contacting us early if the estate involves property, business assets, overseas accounts, estranged family members or the potential for dispute. We’ll help you understand what’s required and give you a plan to move forward.
What you gain from working with Carew
We help take the pressure off by guiding you through a complex legal process with empathy, experience and clarity.
- Our team includes experienced lawyers who specialise in Victorian probate law
- We prepare your probate application and manage all court communication
- You’ll have support through every stage of the probate process, from start to finish
- If there’s a dispute, we handle contested probate matters with care and expertise
- We make sure the estate is properly administered and distributed according to the law
- Your responsibilities are clearly explained, and we help protect you from legal risk
Our solution-focused process
Testimonials from our Melbourne clients
Clients come to us during some of life’s most difficult moments. We’re proud to offer steady legal guidance and genuine care when they need it most.
"10 Stars! Very happy & relieved that I chose Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledgeable, hardworking, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"10 Stars! Very happy & relieved that I chose Alex Carew & Carew Counsel for a family member in an extremely concerning & complicated Family Court/child protection matter. Highly professional, ethical, respectful, knowledeable, hard working, strategic, collaborative, communicative, caring, compassionate & child & family welfare focused. Thank you from the bottom of our hearts for helping us protect our little child."
"Carew Counsel team was recommended to me by one of my friends and my case was handled by Keleigh and her team very efficiently, with quick replies, flexibility to change requests and professionally. I am highly recommending them to their future clients and can only thank them with this review for their great work."
"I would like to thank and acknowledge all the team at Carew Counsel Solicitors for representing me in my recent financial settlement matter. I highly recommend that you engage Carew Counsel Solicitors to represent you in your family law matter."
"Across my two year fight to save my son from serious harm, Alex Carew was there every step of the way. His wisdom, professionalism, empathy, meticulous notes, and steadfast negotiation yielded a result which will protect my son now, and for years to come. I can't recommend him and his firm highly enough."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this. Most of all, a big thank you to you Jenni Mooney, for your competence, professionalism and humour. Because of you, the process was as least stressful as feasibly possible. My heart goes out to you. Carew Counsel are lucky to have you. All the best to you all."
"To the Carew Counsel team. I would like to thank you all for your interest, professionalism, and humanity. You enabled a very stressful process to be handled with diligence and care. I am very grateful to you all for assisting me with this."
"I highly recommend Carew Counsel Solicitors for anyone seeking a dedicated and knowledgeable solicitor for family law matters. Madison Ogilvie excelled in her communication, ensuring I was kept informed every step of the way. Although it got stressful, Madison's professionalism was top-notch."
Why choose Carew Counsel
We focus on you, not just the paperwork
We understand this process is personal, not just procedural. We take the time to listen, explain and support you throughout.
We bring decades of probate experience
We’ve worked on hundreds of probate and estate matters across Victoria, including complex and contested estates.
We speak in plain English
We keep things clear, using plain English and practical guidance so you always understand your options.
We’re upfront about fees and process
We provide honest, upfront estimates and communicate costs clearly as your matter progresses.
Meet your team
Frequently asked questions
Many people are unsure about probate or how it affects them. These FAQs offer practical answers to common concerns.
Probate is the legal process of validating a will and gives the executor the authority to manage the deceased person’s estate.
This step protects everyone involved (beneficiaries, institutions, and the executor) by ensuring the estate is handled according to the law. Without probate, the executor of an estate may not be able to access or transfer assets.
If there is no valid will, you may need to apply for letters of administration instead of probate. The process is similar, but the law determines who can apply and how the estate is distributed.
Our team of probate lawyers can guide you through either pathway (probate or letters of administration), depending on your situation.
The timeframe can vary depending on the complexity of the estate, whether the documentation is complete, and the Supreme Court’s current processing times. Most grants are issued within 2–4 weeks after filing the application with the Supreme Court.
Delays may occur if the Supreme Court receives a large number of applications or if it requests further information about an application.
While it is possible to apply on your own, many executors choose to work with experienced probate lawyers. The process involves legal paperwork, deadlines, and risk if handled incorrectly.
A trusted probate firm like Carew Counsel can simplify the probate administration process and protect you from delays or liability. We offer expert probate services and clear guidance every step of the way.
Disputes may arise if someone contests the will or believes they were unfairly excluded. These cases fall under estate disputes and may involve court proceedings or mediation.
Our specialist probate team can help you navigate the probate process, whether you're defending a valid will or resolving concerns about the distribution of the estate.
As executor, you must locate the will, apply for probate, protect the assets of the estate, pay debts, and distribute estate assets to beneficiaries. You must act in good faith and follow all legal duties.
We help you understand your obligations as executor to administer the estate, and provide clear advice around each step so the estate is distributed according to the law.
These responsibilities are outlined in the Administration and Probate Act 1958, which governs how a deceased estate must be managed in Victoria. Our team can help you navigate the Act and ensure the estate is handled lawfully and with care.
Probate validates the will and authorises the executor to deal with assets that are part of the estate, but it does not affect documents that operate outside the estate. For example, powers of attorney cease upon death, and assets held in superannuation funds, life insurance policies with binding nominations, or family/discretionary trusts are generally dealt with separately from the probate process.
Being named executor in a will does not mean you are legally required to take on the role. If you feel overwhelmed, are dealing with family conflict, or are simply not in a position to manage the estate, you can choose to renounce your role.
In that case, another eligible person can step in, or the court can appoint an administrator of the estate. Our lawyers can provide advice on your options and support you in ensuring the estate is still administered lawfully.