Probate

 

Leading Probate Lawyers in Sydney

We understand that the loss of a loved one can be an incredibly tough period for all those who are involved. As such, our probate solicitors in Sydney will be able to guide you through this struggling process by providing valuable legal advice.

What is a probate?

A probate is a legal process, whereby an application is made to the Supreme Court in order to confirm that the Will of the decease is in fact valid. This process is the first step in the administration of the deceased person’s estate. Afterwards, the executor involved can successfully manage the claims and distributions that are involving the deceased. 

What can our Sydney Probate Lawyers do for you?

Our probate solicitors in Sydney will be able to assist you. The probate procedure can often be long-winded and in many cases complicated to navigate through. We can ensure that the application and grant is processed in an expeditious but thorough manner to the best of our ability. This will ensure that the process is free from delay, and you’ll be able to obtain it as quick as is possible.

By choosing our probate solicitors, we can guarantee that all of your duties and responsibilities are well advised and properly carried out, freeing you from any possible liability that may hinder you in the probate process.

Should the Supreme Court require further concrete material such as relatable evidence regarding the Will or an applicable witness, our probate solicitors in Sydney can advise you to the best of our ability.

Aside from the probate alone, our lawyers will provide you with a high standard of care through a close-working relationship with our clients. This extends to a cost-effective service with the one goal of communication.

 

Help ease yourself through this difficult process by contacting our probate lawyers in Sydney on 0404 922 941 for immediate assistance in your queries.

Probate is the legal acknowledgment by the court that a deceased person’s will is valid.

If a person dies and has property in NSW, the person appointed to handle the deceased’s affairs, namely the executor has an obligation to apply to the court for a grant of probate. The Supreme Court has the power to Grant of Probate. When a grant of probate is made, the executor has the authority to deal with the estate by selling/transferring assets and property which belongs to the deceased. The executor must also pay the debts and liabilities of the deceased person such as a mortgage, bank debts, loans and all other liabilities the held had as at the date of their death.

The executor must also administer the estate acknowledging any creditors of the estate and to deal with claims against the estate.

An executor must distribute the estate according to the terms of the will. The executor may be liable for any losses suffered by the beneficiaries and or creditors of the deceased if there is any delay is realising the deceased’s assets.

If the executor must fulfil their role otherwise they may be held personally responsible for any losses suffered by those entitled to the estate as beneficiaries. An executor should obtain legal advice when representing a deceased’s estate in order to avoid any legal issues which the executor may be unfamiliar with.

A probate lawyer in Sydney who can handle the whole process and provide you with proper legal advice. 

the executor represents the estate as if they were the deceased, the executor pays the estate to beneficiaries in accordance with the terms of the will, the executor must pay all liabilities due and payable by the deceased, arrange the funeral and dispose the deceased’s body which may be directed in the will.

The executor must deal with all claims against the deceased estate. People an claim including a spouse, a child of the deceased, a person who lived in a close personal relationship with the deceased may claim from the deceased’s estate for proper maintenance (which may imply to continue a pre-existing state of affairs or provision above a mere sufficient means to live), education and advancement in life.

When a deceased’s estate are sold and the liabilities are paid to creditors of the estate, the executor has as duty to distribute the estate to the beneficiaries as nominated in the deceased’s will. The estate must be distributed the estate as per the will unless all the parties to the will agree to amend the distribution. Our Sydney probate lawyers are experienced and can handle the case in these circumstances.  Our probate lawyers can assist to prepare the necessary documentation to amend the will provided all parties agree. We recommend that you obtain advice from a probate lawyer in Sydney who can handle the whole process and provide you with proper legal advice. 

In order to apply for a grant of Probate, the applicant will require the following:

  • The Will (must be the original document)
  • The Death certificate of the Deceased (original document)
  • Details of ALL assets that the deceased owned or had an interest in as at the date of death
  • Details of ALL debts and liabilities that the deceased had as at the date of his or her death
  • Notice advertised via the Supreme Court of NSW that an Application for a grant of Probate will be made.
  • Other documents must be filed in the Supreme court of NSW such as Affidavits and various material to support an application for Probate

You should contact a probate lawyer in Sydney to handle the deceased’s estate.

Once probate has been granted in an estate, the executor will have permission to arrange for the estate assets to be paid into a trust account and held in readiness to the distributed to the beneficiaries or in accordance with the terms of the will. The executor will have the power and authority to sell real estate, shares and all other assets of the deceased estate.

An application for a Grant of probate must be made within 6 months from the date of the of the deceased otherwise the executor must file an Affidavit of Delay and set out evidence as to why the executor has delayed to file the application for probate.

We recommend that you contact a probate lawyer in Sydney who can handle the whole process and provide you with proper legal advice. 

If a Grant of Probate has not been made, the executor will not be able to call in the asset of the deceased such as access bank accounts in certain circumstances.

The executor will not be able to sell shares, real property or transfer other assets to the beneficiaries in accordance with the will until Probate has been granted by the supreme court of NSW. The share registry may not transfer the shares to the beneficiaries until a grant of probate has been made. The shares may not be sold until a grant of probate has been made.

In particular circumstances, accounts cannot be closed until pronate has been granted. There are very strict rules which apply and authorities must comply with in order for assets to be dealt with and distributed to beneficiaries and often a grant of probate is required

Making an application for probate and administrating a deceased estate does involve a lot of time and can be draining and complicated as well as costly if the applicant makes mistakes. We recommend that you speak with a probate lawyer who can handle the whole process and provide you with proper legal advice.  

Our probate lawyers located in Sydney can assist the executor through the whole process from the start of the case which involves doing all things necessary to make an application for a grant of Probate to distributing the estate to the beneficiaries in accordance with the will after all debt and the liabilities of the estate have been paid to creditors as necessary.

 

  1. Letters of Administration

If a deceased person passed away in NSW WITHOUT A WILL OR WITHOUT A VALID WILL then an application is made to the court for Letters of Administration in order to seek permission to deal with a deceased person’s estate in circumstances.

This application involves proving to the court that the deceased person did not have a will or showing that the will was invalid. We strongly recommend you contact a probate lawyer in Sydney.

In circumstances where there is no will, the application will need to be made after the proposed applicant has tried to locate a will and the Supreme Court of NSW must be satisfied that the applicant has made all reasonable attempts to try and locate a will.

In order to do so, the applicant must carry out various searches for a will. The searches include writing to many institutions of which the deceased person may have had dealing with during their lifetime such as the deceased’s solicitor, various banks and other various financial institutions, financial planners and/or accountant.

A search will also need to be made with the NSW Trustee & Guardian.

The following persons may apply to the Supreme Court of NSW for a grant of Letters of Administration:

  1. Spouse of the deceased or next of kin/spouse and next of kin
  2. A creditor
  3. A person who is appointed pursuant to a court order

It is best to arrange for a probate lawyer to prepare a will for you in order to eliminate unnecessary lengthy process involved in making an application for Letters of Administration, as you ay gather it is a long tedious process and not one you want to endure during the time of losing a loved one.

We recommend that you speak with a probate lawyer and provide you with proper legal advice in Sydney. 

 

Who inherits when there is no Will

If a person has passed away without a will or without a valid will, the manner in which the estate will be distributed depends of a number of circumstances.

If the decease person passed away and is survived by a spouse or a de facto partner and the deceased person did NOT have any children, the spouse is entitled to the whole estate.

Survived by a spouse and children (that is children of the marriage or de facto relationship), the spouse is entitled to the whole estate.

In circumstances where the deceased is survived by a spouse and children but not children of the marriage or de facto relationship but children of a previous relationship, the following applies:

The spouse is entitled to the deceased’s personal belongings and effects and a specific amount which is subject to a formula and varies according to CPI, as well as one half of the rest of the estate which is to be divided between the children of the previous relationship and the spouse or de facto spouse. You should contact a probate lawyer in relation to this matter to seek legal advice. This can be tragic if the relationship between the deceased and his or her children from a previous relationship is estranged, this may leave a messy situation for the deceased person’s spouse / de facto partner having to challenge the matter.

It is circumstances like these which is an example of how an estate may be distributed not in the way the deceased person may have desired, hence all the more reason why a will should be put in place and we recommend you consult a lawyer to arrange to put your affairs in order.

If the deceased person passed away and is survived by children ONLY and NOT a spouse or De facto partner, then in these circumstances the children are entitled to the whole estate in equal shares.

If the deceased person passed away WITHOUT a spouse and WITHOUT children, the whole estate is left to the parents and if they have predeceased then the whole estate is left to the deceased’s siblings and if they have passed away then to the grandparents, then aunts and uncles in equal shares, then cousins then to the state government.

We recommend that you speak with a probate lawyer who can handle the whole process and provide you with proper legal advice in Sydney. 

 

Can the funeral be paid by the estate without a grant of probate or Letters of Administration?

The bank has discretion to release money from the deceased’s bank account to pay the funeral costs even before a grant of probate or Letters of Administration has been made. The bank will need to sight the death certificate and the tax invoice issued by the funeral parlour or the director of the funeral home.

This is important to know especially in circumstances where the deceased did not have funeral insurance or there is no money available at the time or nobody willing to pay for the funeral at such time.

Most funeral parlours and homes are flexible and are happy to wait for payment until a grant of probate of letters of administration has been made if they are aware that the estate is solvent and has assets to pay for the funeral costs.

A probate lawyer in Sydney can arrange to obtain the funeral costs from the deceased’s bank account if necessary.

 

Wills

A will is a legal document which sets out how assets are to be disbursed at the demise of the will-maker.

We cannot stress enough how dangerous it is for a person to try and prepare their own will. There is too much scope for error and law firms see it weekly. These errors can be very disastrous for the deceased’ family having to prove their position and entitlement.

A standard will usually costs between $300- $400 incl GST.

Legal requirements must be met in order for a will to be declared valid. We strongly suggest you obtain legal advice and arrange a lawyer to prepare this document.

 

When to update my Will?

A will must be updated in particular circumstances.

If your circumstances have not changed then there may be no need to update your will however we recommend you seek legal advice and arrange a consultation with a Sydney probate lawyer.

 

 

Contact
 

Danielle Quinn

Phone: 0404 922 941

E-mail: info@mobilesolicitor.net.au

Address: Suite 33, 104 Bathurst, Sydney NSW 2000

Mobile Solicitor

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