The best place I have ever found, its just a peace of mind for you that everything will be dealt in professional manner and you don’t have to take any stress as Wadia is so amazing and knows what she is doing…She does not leave anything unattended and informs you all what you need to know before you engage or commit yourself to any sale, I strongly recommend this place if you are looking for a peace of mind and best outcome.
Estate Administration & Probate Lawyers in Parramatta
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We assist Executors and Administrators throughout the probate process (or with Letters of Administration when necessary) by guiding them through their obligations, helping to identify the deceased’s assets and liabilities, publishing probate notices, preparing and filing probate documents, and obtaining the Grant of Probate.
Additionally, we support the implementation of the Will’s terms or the distribution of the estate according to legislation if no Will exists.
Should there be any estate disputes or claims against the estate, we also provide advice and assistance to executors and trustees.
CK Lawyers Estate Administration & Probate Services
Our team of estate planning lawyers is highly experienced in assisting the unique needs of business owners with their Wills and Estate planning, taking into account the circumstances that can otherwise negatively impact on their business interests.
We can assist you with the following services:
Probate Applications
We guide Executors and Administrators through the probate process, (or Letters of Administration if appropriate), by advising them on their obligations, helping them determine the deceased’s assets and liabilities, publishing probate notices, drafting and filing probate documents and obtaining the Grant of Probate.
Letters of Administration Applications
When a deceased has left no Will, or a Will could not be found, or when the Will does not stipulate who the executor is then an application is made to the court for the appointment of an “ administrator “ who acts like the executor in the Will. When the court makes the order for Letters of Administration, the administrator will identify the assets and liabilities of the deceased and will distribute in accordance with a schedule set out in the Succession Act.
Deceased Estate Administration
When someone passes away in New South Wales, a personal representative is appointed to take legal responsibility for administering the deceased’s estate. The duties involved in estate administration are governed by the Succession Act 2006 and reinforced by common law. We’re here to assist you through that process.
Contesting a Will
In New South Wales, a person can contest a will by filing a family provision claim. This typically occurs when a family member has been excluded from the will or believes they have not been adequately provided for. We provide services to both sides of estate disputes such as this.
Defending a Family Provision Claim
Challenging the validity of a will can be a lengthy and expensive process. In some cases, reaching a settlement between the parties is a more suitable option, helping to reduce the risks associated with litigation. If you are the named executor of a will (or in certain cases a beneficiary) and the will’s validity is being challenged, we can assist you in safeguarding your position.
Estate Disputes
We understand that estate disputes can be emotionally draining and complicated, often bringing deep family conflicts and intricate legal challenges. As experts in this area, we are committed to offering our clients professional, compassionate, and effective legal guidance during these challenging times.
What is a Grant of Probate?
If a loved one passes away leaving a Will, there is a process in NSW where the purported Will is authenticated by a process called GRANT OF PROBATE.
A Grant of Probate is a Court Order made by a judge of the Supreme Court of New South Wales that authorises the Executor/s of an estate to administer and distribute the estate of a deceased person in accordance with their Will.
The process is to determine if the Will is legally valid or invalid. While for most people that is a difficult concept to grasp, the law has some very specific rules about whether what is written in any Will can be followed exactly as it has been documented, or whether there are some laws, specific to the state or territory the deceased resided in, that may alter how the estate is to be distributed.
While you can apply for Probate without the assistance of a probate or estates lawyer, seeking the assistance of experienced lawyers like those on our team make the process far easier and often, a faster process as well.
If you would like assistance in applying to the Supreme Court of New South Wales for a Grant of Probate, or other states and territories of Australia, our team can assist.
How to Apply for a Grant of Probate in NSW
If the deceased was a resident of New South Wales, then probate must be applied for with the NSW Supreme Court. If they resided in another state or territory of Australia, then probate must be applied for in that state or territory. Where the deceased resided outside of New South Wales, our team can assist with probate matters Australia-wide.
Step 1: Identify the Deceased’s Assets and Liabilities
The first task for the Executor is to identify all of the deceased’s assets and liabilities. While many people believe they are fully aware of the deceased’s financial affairs, it’s common for some assets or liabilities to be overlooked.
We regularly assist individuals and families in this process by conducting searches with relevant authorities to ensure nothing is missed.
Step 2: Publish a Notice of Intended Application for Probate
As the Executor or next of kin, the next step is to publish a Notice of Intended Application for Probate through the NSW Courts online registry. We can handle this process on your behalf.
Once the notice is published, there is a mandatory 14-day waiting period before you can file your Application for Probate with the Court.
Step 3: Draft the Probate Documents
Once the 14-day period has passed after the publication of the Notice of Intended Application for Probate, you must prepare the following documents:
- Grant of Probate – Form 112
- Summons for Probate – Form 111
- Inventory of Property – Form 117
- Affidavit of Executor – Form 118
Drafting these documents can be complex, and any errors may lead to the Court issuing a requisition (a request for additional information or corrections), which can delay the process. We recommend seeking legal assistance to ensure the documents are completed accurately and efficiently.
Step 4: Lodge Probate Documents in the Supreme Court
The final step in the probate process is for the Executor to submit the original Will, any Codicils (valid documents amending the original Will), along with the Summons for Probate, Grant of Probate, and Affidavit of Executor (with the Death Certificate and Inventory of Property attached) to the Supreme Court of New South Wales.
If the estate’s value exceeds $100,000, a filing fee will be required, which varies depending on the state.
How Long Does Probate Take in NSW?
The process can take as little as around 12 weeks from start to finish with the support of an experienced probate lawyer. Without that support, it may take far longer, especially if the Court determines there is insufficient information included within the application.
Often the Executor is a spouse or close family member, relative or friend to the deceased , so coupled with the grief and existing stress, this can be another unnecessary hurdle they need to overcome. And, if there are disputes or family provision claims to manage, in addition to the distribution of the estate, it is often helpful to have had support early to make the process as smooth and time efficient as possible.
Once probate is granted, the executor needs to implement the terms of the Will.
We are able to assist you with the process from start to finish. A written fee estimate will be provided to you before you retain us so that it is very clear for you what the fees and expenses will be.
What are Letters of Administration?
When a deceased has left no Will, or a Will could not be found, or when the Will does not stipulate who the executor is then an application is made to the court for the appointment of an “ administrator “ who acts like the executor in the Will.
When the court makes the order for Letters of Administration, the administrator will identify the assets and liabilities of the deceased and will distribute in accordance with a schedule set out in the Succession Act.
If the deceased was a resident of New South Wales, then letters of administration must be applied for with the NSW Supreme Court. If they resided in another state or territory of Australia, then probate must be applied for in that state or territory. Where the deceased resided outside of New South Wales, our team can assist with these matters Australia-wide.
How to Apply for Letters of Administration in NSW
In New South Wales, there is a 6-step process to follow to apply for Letters of Administration.
While you can apply for Probate without the assistance of a probate or estates lawyer, seeking the assistance of experienced lawyers like those on our team make the process far easier and often, a faster process as well.
If you would like assistance in applying to the Supreme Court of New South Wales for a Grant of Probate, or Letters of Administration other states and territories of Australia, our team can assist.
Step 1: Preparing your Documents.
These includes birth, death, marriage and divorce certificates as are applicable.
Step 2: Get the Forms from the Supreme Court NSW (or relevant State) Website
- Summons for Administration
- Grant of Administration
- Inventory of Property
- Affidavit of Applicant for Administration
- Affidavit that deceased was not in a defacto relationship
- Consent to administration
Step 3: Complete the forms above
Step 4: Obtain consents from other entitled people who are to consent to your appointment (or another’s appointment) as the administrator.
Step 5: Attach your documents to the Affidavit (see the documents above).
Step 6: Lodge your application with the Supreme Court of NSW
There is a filing fee involved depending on the dollar value of the estate.
How Long Does the Letters of Administration Process Take?
If you wish to apply for Letters of Administration, you must do so within six months of the deceased’s death.
The process can take as little as around 12 -16 weeks from start to finish with the support of an experienced estates and probate lawyer. Without that support, it may take far longer, especially if the Court determines there is insufficient information included within the application.
Often the Executor is a spouse or close family member, relative or friend to the deceased, so coupled with the grief and existing stress, this can be another unnecessary hurdle they need to overcome. And, if there are disputes or family provision claims to manage, in addition to the distribution of the estate, it is often helpful to have had support early to make the process as smooth and time efficient as possible.
What Happens After Letters of Administration Are Granted?
As indicated above, the administrator will need to pay out the estate in accordance with the schedule set out in the Succession Act which is summarised as follows:
| Where the deceased leaves… | Entitlements Under Instestacy |
| A spouse and child from the relationship | The spouse is entitled to the whole of the estate. |
| A spouse and child from a previous relationship. | The spouse is entitled to receive:
All of the deceased person’s children, including children from previous relationships and from the current spouse, whether they are from a previous relationship or from the spouse, are entitled to equal shares of the other half of the remainder of the estate. Children who are not legally the children of the deceased, for example step children, are not included. The spouse also has a ‘right to elect’ to acquire property from the estate. If you are the spouse and if you want to purchase property from the estate, you should get legal advice The spouse also has a ‘right to elect’ to acquire property from the estate. If you are the spouse and if you want to purchase property from the estate, you should get legal advice |
| More than one spouse | The spouses are entitled to equal shares of the estate. There may be more than one spouse if the deceased was married and had a de facto spouse or more than one de facto spouse. |
| Children only | The children are entitled to equal shares of the whole of the estate. This includes adopted children, but not step children. If a child of the deceased has already died leaving children (grandchildren of the deceased), the grandchildren are entitled to their parent’s share. |
| No spouse or children | The deceased person’s full and half blood brothers and sisters are entitled to equal shares of the whole of the estate. If the deceased person’s siblings died leaving children, then the deceased person’s nephews or nieces are entitled to the share their parent would have received in the estate. |
| No spouse, children, parents, brothers or sisters | The deceased person’s grandparents are entitled to equal shares of the whole of the estate. |
| No spouse, children, parents, brothers, sisters or grandparents | The deceased person’s full and half blood aunts and uncles are entitled to equal shares of the whole of the estate. |
| No spouse, children, parents, brothers, sisters, grandparents, aunts or uncles | The deceased person’s first cousins are entitled to share equally in the share that their parent would have been entitled to. |
| No spouse, children, parents, brothers, sisters, grandparents, aunts, uncles or cousins | State government is entitled to the whole of the estate. |
Trust CK Lawyers
Our team, led by Wadia Mansour, understands the gravity of the circumstances of losing a spouse, partner, parent or friend and the responsibility that this role you are taking on, involves. We consider it our pleasure to be able to assist and support you through the probate and estate administration processes. We invite you to reach out to our team and book an initial appointment.
