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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
What is the difference between a will dispute and an estate dispute?
Often used interchangeably, a will dispute typically focuses on challenging the validity of the will itself or seeking different provisions under it (like a Family Provision Claim). An estate dispute can be broader, encompassing issues with the administration of the estate, executor conduct, or disagreements over specific assets, even if the will itself isn’t challenged.
What are the most common reasons for estate disputes?
Common reasons include challenges to the will’s validity (capacity, undue influence, improper signing), Family Provision Claims by eligible persons who feel inadequately provided for, disagreements over the executor’s actions or delays, and disputes about the value or distribution of specific assets like property.
Who can make a Family Provision Claim in NSW?
Eligible persons in NSW include the deceased’s spouse or de facto partner, children, former spouses, dependents (including dependent grandchildren), and persons in a close personal relationship with the deceased at the time of death. Strict criteria apply.
Do all estate disputes go to court?
No, many estate disputes are resolved through negotiation or mediation before reaching a final court hearing. Mediation is often a mandatory step in the court process.
How long do I have to start an estate dispute?
Time limits vary depending on the type of dispute. For Family Provision Claims in NSW, the claim must be filed within 12 months of the date of death. For other disputes, like challenging validity or executor conduct, different time limits may apply, and prompt action is always recommended. Seek legal advice immediately regarding specific deadlines.
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.
