Probate and Estate Litigation

If you are an Executor of a Will we can help you apply for Probate. If you have been left out of a Will or unfairly treated you may be eligible to bring a claim against the Estate. You can visit one of our offices for a free consultation or we can provide a mobile service to anywhere on the Northern Beaches, North Sydney, Parramatta, Penrith and Blue Mountains areas.

Probate

An Executor appointed in a Will has the duty and is entrusted to carry out the terms of the Will. Executors have an obligation to administer the Estate of the Deceased. In order to do this, legal documents are required to be filed by the Executor in Court to obtain a grant of Probate. If the Deceased has not left a valid Will then a close relative or friend can apply to the Court for Letters of Administration to administer the deceased’s Estate.

Contesting a Will

Disputes about the validity of a Will or entitlements under the Will can arise in a number of circumstances. It can come from unhappy beneficiaries or people being left out of the Will. If you believe that the deceased person did not have the mental capacity to make the Will or that the Will was not properly executed and it has affected your entitlements, you may be able to contest the validity of the Will and seek to have it set aside.

Family Provisions Act Claim

It sometimes happens that a person who would expect to be a beneficiary under a Will may either not be provided for, or may be inadequately provided for, by the Deceased person in their Will. If you believe that you have been left out of a Will or if you believe you have not been properly provided for in a Will, you may be able to bring a claim known as a Family Provisions Act claim.

No Win No Fee Litigation/Fixed Fees Probate

Probate/Letters of Administration

We are experienced probate lawyers who can provide you with advice on your obligations as Executors of the Will which includes the following:

Locating the original Will
Obtaining the original Death Certificate
Advising the Beneficiaries
Ascertaining the assets of the Deceased, including property and investments portfolios
Advising any aged care facility
Cancelling private health care,
Advising Centrelink
Applying for Probate or Letters of Administration
Distribute the Estate to the beneficiaries

Before administering the Deceased’s Estate, you must apply to the Supreme Court for a grant of Probate of the Will. You must also ensure that all the debts of the Deceased, such as funeral expenses and any other outstanding bills and income tax, are paid.

We will write to all the relevant organisations on your behalf and prepare the documents to be filed with the Court, including the Affidavit of Executor attaching the Inventory of Property of the Deceased.

Estate Litigation

We are experienced estate litigation lawyers who can provide you with advice on your rights and entitlements under a Will if you believe you have been unfairly dealt with.

The Court can consider a Family Provision Claim and interfere with the Will of the deceased, provided you are an eligible person and the deceased has not made adequate provision for you in the Will.

The Court can also set aside a Will if:

The deceased did not have the mental capacity to make the Will at the time that they did
The Will does not meet the formal requirements of the Act

The Court will then consider what provision should be made for you and if successful you will have your legal costs paid from the Estate.

Defending a Will

If you are the Executor of a Will that is being challenged then you need to talk to us and we can advise you on your rights and obligations under the Act.

There are strict time limits in bringing claim under the Succession Act, so don’t delay.

Probate FAQs

What is Probate?

Probate is a document issued by the Supreme Court certifying the Will’s validity and confirming the appointment of an Executor to administer the deceased estate. The Court requires proof that the Executor appointed in the Will is alive, willing and competent to undertake the tasks involved. Also, it is important to verify that the document is the last Will made by the deceased and that there are no objections to that Will.

Why is Probate important?

Without Probate the Executor of the Estate cannot sell, transfer or transmit the assets of the Estate to beneficiaries.

Why does the Executor need to apply for Probate?

Without Probate the Executor does not have the authority to administer the estate.

How does the Executor obtain Probate?

This is where Court Legal can assist you. Firstly the assets of the Estate must be identified. We will liaise with the various asset holders and investment bodies to verify the assets of the Estate. We will obtain market appraisals or valuations of any real estate held by the deceased. Once we have ascertained the extent and the value of the various assets we will prepare the Application for Grant of Probate ready for your execution. Once the Application has been signed it will be filed at the Supreme Court and, subject to any issues raised by the Court, Probate should be granted in around 2 weeks from the date of filing.

What are the responsibly of an Executor of an Estate?

The Executor’s responsibility is to identify the assets and liabilities held by the deceased as at date of death, to obtain a Grant of Probate of the Will and, pursuant to that Grant of Probate, proceed to collect the assets, pay the liabilities and distribute the assets to the beneficiaries as provided for in the Will.

What is Letters of Administration?

Letters of Administration is the Supreme Court’s approval to administer the estate of a person who dies without a Will. In most instances Letters of Administration will be granted to the next of kin of the deceased e.g. a spouse, domestic partner or a child of the deceased. Alternatively if the deceased has left a valid Will but the named Executor is no longer alive, competent, or willing to undertake the responsibilities involved with administering the estate the Court may appoint someone else e.g. a beneficiary to administer the deceased’s Estate according to the Will. This is called “Letters of Administration with the Will annexed.”

What if there is no Will?

When a person dies without a Will (Intestate) there is no Executor appointed to administer the estate so usually the next of kin have to apply for a document called “Letters of Administration.”

Thank you all so much for all you help and advice.
It’s been a very stressful time but you’ve made it pretty plain sailing
from the legal aspect. I’ll definitely be recommending your company to
any friends that need any legal work done. Thanks

Dean

We would like to thank you for your help in obtaining probate and retrieving the money for dad’s estate, it is much appreciated.

Adrian