Deceased Esates

We have highly experienced lawyers who deal with Probate, Letters of Administration and Estate Administration.

HOW WE CAN ASSIST

The death of someone close to you, is a testing time and contesting a Will can make things even more difficult. But if you believe you’re entitled to more from a deceased estate, we may be able to help. There are often very good reasons why a person should be contesting a Will.

We are dedicated to supporting our clients at every stage of the process, from the initial consultation through to a resolution.

STEP 1

Provide us with your best contact information for a brief phone call regarding your case.

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STEP 2

We’ll provide you with some important information about how to resolve the matter in the most effifcent manner.

STEP 3

We will rquest to meet with you at our office in Maroubra to discuss your options and outline the process

STEP 4

Our experts are here throughout the entire process in case you need any clarification…

FAQ’s

What happens after I die when I have a Will?

If you have a Will at the time of death, it is usually necessary for your Executor to apply for Probate in order to manage your estate. A Probate application should be lodged with the Supreme Court within six months of the date of death.

With Probate, the Executor then has the legal authority to administer the estate and distribute assets to your beneficiaries named in your Will. Your Executor can deal with the estate assets and liabilities and carry out your wishes in your Will. This includes closing your bank accounts and superannuation funds, releasing the funds, selling your properties or transferring them to your beneficiaries. After all debts and expenses are paid, your Executor can distribute the net estate to your beneficiaries.

What to do when someone dies without a Will?

If a person dies without a Will then he/she is deemed to have died intestate. An eligible person can apply to the Supreme Court for Letters of Administration, which will allow the appointed Administrator to deal with the assets and liabilities of the estate.

The Succession Act 2006 (NSW) determines who will inherit the intestate estate. For example, the deceased’s surviving spouse may be entitled to the whole of the estate. If there is no spouse, the deceased’s children may receive the estate.

I am the Executor of a Will / the Administrator of an estate. What are my responsibilities?

You are the person appointed to represent the estate. Your obligations are to apply for appropriate grant of representation (Probate or Letters of Administration) from the Supreme Court, administer the estate and distribute it to the beneficiaries. Request More Info.

Who is responsible for my legal costs?

It is usually the case that the estate will pay for the legal costs genuinely incurred by the Executor or the Administrator in application for Probate or Letters of Administration and in responding to any claims against the estate. Out-of-pocket expenses incurred on behalf of the estate can be reimbursed by the estate before distribution.

What should I do if I have been cut out of a Will?

You may be eligible to apply for a family provision claim if you have not been provided for or have been inadequately provided for by an estate. You must belong to a class of persons who are identified in the Succession Act 2006 (NSW) e.g. spouse, children, grandchildren etc as eligible to make a claim.

If the Supreme Court is satisfied that you are eligible and have not received (adequate) provision for the proper maintenance, education of advancement in life, it may make appropriate orders in your favour and adjust the interests created by the Will of the deceased or, if there is no Will, the interests under the rules of intestacy.

What is the time limit for a family provision claim?

You have up to 12 months from the date of death to lodge your application. If you are out of time, you will need to seek leave from the Court for an extension of time to file your claim.

What happens after I die when I have a Will?

If you have a Will at the time of death, it is usually necessary for your Executor to apply for Probate in order to manage your estate. A Probate application should be lodged with the Supreme Court within six months of the date of death.

Just wanted to drop you a note to say thank you for your time and especially your patience in assisting me and Mona with our wills and powers of attorney today. As I kept saying to Mona all afternoon it’s a huge relief for us to have done our wills and we really appreciate the role you both played in helping us to get this done.

Nick

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