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Probate Lawyers
NSW probate laws require the executor of a person’s will to register it in the Supreme Court so it can be proven and probate granted if necessary. Once this occurs the executor receives the authority via a legal document called a Grant of Probate to administer the estate and manage the release of the deceased person’s debts and assets.
If you’re an executor of a will and you’re unsure about NSW probate law and the probate process, contact an estate lawyer today. A probate lawyer can help you navigate the complex legal process of settling an estate.
The Grant of Probate
A Grant of Probate is a legal document giving the executor the authority to manage the estate in line with the deceased person’s wishes as written in their will. The executor of a deceased estate can show a grant of probate to a financial institution that holds assets or liabilities of the estate and require them to transfer the assets or monies to the executor.
Probate May Not Be Necessary
Depending on the type, size and value of the assets located in NSW, it may not be legally necessary to obtain a grant of probate. Some asset holders can release small amounts without probate.
However, if it is necessary to apply for probate, the liabilities must be addressed and assets must be managed and dispersed to beneficiaries. Certain legal requirements must be adhered to during the probate process, so get in touch with the probate lawyers at the NSW Wills & Estates Disputes Helpline in Sydney for advice.
Probate and the Executor of a Person’s Will
An executor of a person’s will is chosen by the will-maker. The executor can be anyone from a family member to a friend, a probate lawyer, the Public Trustee or any person the will-maker chooses to manage their will and affairs.
Once a grant of probate has been approved by the NSW Supreme Court, management of the assets and liabilities in the deceased estate can be legally transferred to the executor. In NSW, the will and the Grant of Probate are public documents stored at the Supreme Court in Sydney. By using the expert services of probate lawyers, the executor can solve any issues with probate, the families, disputes and the dispersal of the estate.
How to Apply For Probate in NSW
Anyone making an application for a Grant of Probate must be over 18 years of age, an executor named in the will, or be an eligible substitute. Executors must advertise a notice of their intention to apply for a Grant of Probate and publish it on the NSW Online Registry, after which a case number will be issued. The executor must wait 14 days after the date the intention was published before they can file a summons for probate.
Executors often find the probate application process challenging without the advice of a probate lawyer. If you’re looking for ‘will and probate lawyers near me’ call us at the Wills and Dispute Helpline today.
After Probate is Granted
After Executors obtain probate they must execute the will and take responsibility for the following:
- They must have obtained an original death certificate from the Registry of Births, Deaths and Marriages.
- Arrange for the person’s funeral.
- Determined the deceased estate’s debts to financial institutions or others, and their assets and assess their value.
- Pay the deceased estate debts, including income tax and funeral costs.
- Distribute the assets in line with the terms of the will.
If you’re an executor and require further information concerning the probate process and the administration of a deceased estate, seek legal advice from a deceased estate probate lawyer as soon as possible. Administering an estate can include winding up the deceased’s bank accounts, superannuation funds, and/or selling shares or other assets.
Reseal of Probate - When Assets Are Not in NSW
Until the probate application process is over and the court decides to grant probate, no assets from the estate in NSW can be distributed to the beneficiaries in the will. However, a problem may occur if there are liabilities or assets owned by the deceased located in states or countries other than NSW. The problem arises since the Supreme Court of NSW has jurisdiction only if the deceased person left liabilities or assets in this state.
If you are the executor in charge of distributing a deceased’s assets located in one or more states or countries, you must apply for a Reseal of Probate in the supreme courts in the state or country in which the assets are held.
Need a Sydney Probate Lawyer?
If you’re searching for ‘the best probate lawyers near me’, don’t hesitate to call one of our probate lawyers at the NSW Wills & Estates Disputes Helpline if you have concerns or queries regarding probate matters. Estate lawyers are available to answer any questions you may have and provide you with the support you need.
Contact our team at the NSW Wills & Estates Disputes Helpline here or call us on 1300 679 222 to speak to a probate lawyer.
Frequently Asked
Questions
Who can contest a will in New South Wales?
In New South Wales, an “eligible person” as defined under the Succession Act 2006 (NSW) (see list above) can make a family provision claim if they believe they haven’t been adequately provided for. Separately, any person with a legitimate financial interest in the estate (like potential beneficiaries under a prior will or next of kin if the will is invalid) can challenge the validity of the will itself based on grounds like lack of capacity, undue influence, or fraud.
When to contest a will in NSW? What are the time limits?
This is extremely important. For family provision claims in NSW, you generally must file your application with the Court within 12 months from the date of death of the deceased. While the original content mentions 6 months from probate for contesting validity (e.g., via a Caveat if you believe the will is invalid due to issues like fraud before probate is granted), the ‘12-months from the date of death rule’ is critical for family provision claims. The Court can grant an extension in limited circumstances, but it’s difficult. It’s crucial to seek legal advice urgently due to these strict time limits.
How to contest a will in NSW?
The process of contesting a will in New South Wales, Australia, typically involves first seeking legal advice to understand your rights and the strength of your claim. For a family provision claim, this may lead to negotiations, mediation, and if necessary, filing a Summons in the Supreme Court. For challenges to a will’s validity, it may involve filing a Caveat in the Probate registry. Our lawyers will assist you throughout the entire process and can represent you in court.
What to expect when contesting a will?
When contesting a will, it’s important to be aware that the process can be complex, emotionally draining, and time-consuming. It’s also important to understand that the outcome is not guaranteed. However, with the help of our experienced dispute lawyers, you can expect clear and honest advice, comprehensive representation, and a commitment to achieving a fair resolution for your inheritance dispute.
How much does it cost to contest a will in NSW? Is "No-Win No-Fee" available?
Your initial consultation with the NSW Wills & Estates Helpline is free and confidential. If you decide to proceed, we will provide you with a clear costs agreement explaining our fees. For many will contest and family provision claims, we may offer a “No-Win No-Fee” arrangement (conditions apply), meaning you generally only pay our legal fees if your claim is successful. We will discuss this transparently with you.
NSW Wills & Estates Helpline can be contacted on 1300 679 222. Our helpline reps are well versed in all things related to Will & Estate disputes. If there is an issue we can’t answer over the phone, we have access to a mountain of resources so that we can call you back within the day to provide answers.
Due to time differences across states, we recommend leaving a voicemail if your call is not answered. We promise to return your call within the day taking note of time differences.
Our phone helpline is manned Monday to Friday, 8.30am – 5.00pm (AEST). Our Facebook social media page is manned 7 days a week and we respond to direct messages quickly. In fact, most of our enquiries come via Facebook private chat.
