NSW Probate Lawyers

Probate and Family Provision Time Limits Are Different

The 12-month period is not a universal deadline for obtaining probate. In NSW, an application for probate filed more than six months after the date of death must include an explanation for the delay, but the Court can still consider the application.

A separate 12-month period generally applies to an eligible person seeking a family provision order, unless the Court permits a late application. Will-validity disputes and probate caveats involve different rules, so obtain advice promptly about the specific issue rather than relying on one general deadline.

These distinct rules are explained in the Supreme Court of NSW guidance on applying for probate and contested proceedings.

Our NSW Probate lawyers at PK Simpson have years of experience successfully representing a range of cases regarding probates and disputed or contested wills. We understand this is a difficult time for you and your loved ones, which is why our NSW probate lawyers are here to deliver the best outcome possible without any added worry, stress or concern. Our probate lawyers are here to prepare everything that you require for a successful probate, allowing you and other executors to be able to officially carry out distributing the deceased person’s estate.

Probate refers to the process of validating the will upon the death of the deceased person and enabling the executor(s) to distribute the estate as outlined in the will. There is a common misunderstanding that wills are immediately valid after the passing of the deceased, however wills need to be passed through a court (differs by State) to be able to be approved by law and officiated.

Under section 61 of the Probate and Administration Act 1898 (NSW), a deceased person’s estate is deemed to vest in the NSW Trustee until probate, administration or an order to collect is granted. Where probate is granted, section 44 provides for the estate to vest in the executor with effect from the date of death.

Probate Lawyers NSW: When Is a Grant Required?

There is no statutory requirement to obtain probate for every estate. Whether a grant is needed depends on the assets, how they were owned and what each bank, insurer, share registry or other asset holder requires before releasing or transferring them.

A grant is generally required to deal with NSW real estate owned solely by the deceased or as a tenant in common. If all assets passed to a surviving joint tenant, or an asset holder agrees to release a smaller balance using other evidence, probate may not be necessary.

An NSW probate lawyer can review the ownership records and contact asset holders before an application is prepared. The Supreme Court’s probate guidance explains the factors that determine whether a grant is needed.

Grant of Probate NSW or Letters of Administration?

In NSW, an application for a Grant of Probate is ordinarily made by an executor named in a valid will. If there is no will, an eligible person may instead seek letters of administration; if there is a will but no executor able or willing to apply, letters of administration with the will annexed may be appropriate.

The correct pathway affects who can apply, the evidence required and how the estate is distributed. Issues involving a missing original will, an informal will, a substitute executor or assets outside NSW may require additional evidence or a different form of grant.

At PK Simpson, our NSW Probate lawyers will apply on behalf of the executor(s) and represent the case throughout the entire process. From preparing documents, going to court proceedings, to resolving conflicts that arise between beneficiaries, our team of specialist Probate Lawyers NSW have the expertise to deliver outcomes that best fits all parties.

NSW Probate Lawyer Duties

Our NSW Probate lawyers are here to assist executors in applying for the Grant of Probate which involves outlining the accurate value of the deceased person’s assets, calculating and paying any income tax owed by the deceased or the estate, as well as many other processes. Once these requirements have been met and approved by the court, the will is officiated and the executors are granted authority to distribute the deceased person’s estate as outlined in the will.

Probate Application NSW: Key Steps

For a straightforward application, NSW executors commonly need to complete these stages:

1. Locate the original will and any codicils, and obtain the official death certificate.
2. Identify the estate’s assets and liabilities and check whether a grant is required.
3. Prepare the online application so the notice of intended application can be published.
4. Allow at least 14 days after notice before filing the summons and supporting material.
5. Respond to any Supreme Court requisition before the grant can issue.

The application details must match the will, death certificate and asset information. The Supreme Court’s notice guidance confirms the online publication process and minimum 14-day notice period.

Executor Duties NSW Before Distribution

An executor’s core duties include identifying, collecting and preserving assets, keeping proper accounts, paying lawful debts and expenses, and administering the estate according to the will and the law. The executor should also keep beneficiaries appropriately informed and document decisions and payments.

A grant does not, by itself, mean the estate is ready for distribution. The NSW Government’s executor guide advises against distributing before six months have passed since death and 30 days have passed since publication of a Notice of Intended Distribution. Different rules may apply to a limited maintenance distribution, so obtain advice before distributing early.

Before distributing, the executor should consider known debts, claims, taxation and any dispute affecting the estate. Tailored advice may be important where there are competing claims, missing beneficiaries, overseas assets, trusts, businesses or uncertainty about the will.

It’s important to seek legal assistance from only the most highly experienced and reputable lawyers in New South Wales for a successful result. By not getting the right Probate Lawyer to assist with your will matters, you’ll be facing a failed Probate whereby the will is not considered valid. In such an unsuccessful case, this will prevent the executors from acting in accordance with what is outlined in the will, and therefore will not be able to legally distribute the deceased person’s estate.

To avoid these types of situations, we advise you to get in touch with our leading team of excellent probate lawyers at PK Simpson. Our NSW probate lawyers have specialist expertise and are among the best in the industry. As your final court proceedings date draws near, you’ll feel confident and secure with PK Simpson probate lawyers by your side to represent your case. We’re the legal experts in wills and estates, here to help you throughout the entire probate process.

PK Simpson is a leading law firm ready to represent your cases to get the best outcome possible. With a dedicated Probate lawyer on your side, you’ll receive excellent advice and acquire an in-depth understanding of the Probate process in NSW. This ensures you receive the best outcome in gaining validity of the will and allowing for the legal distribution of the estate to relevant beneficiaries. If you’re looking for experienced and highly reputable probate lawyers nearby in New South Wales, get in touch with our Probate Lawyers at PK Simpson today.