The Covid-19 pandemic is creating daily challenges for everyone. We remain open to assist you 24/7 and have systems in place to attend to your Wills & Estates matters during this time.
The highly contagious nature of COVID-19 and the serious complications which may arise in the elderly or people with underlying health issues is causing great concern in our community. It is often during these times that people turn their mind to what would happen to their loved ones if they became gravely ill or died. Many people feel compelled to create or update their Will and put in place Powers of Attorney and Powers of Enduring Guardian. We have safe processes in place which adhere to the Australian health guidelines to assist you with drafting and executing any wills & estates documents during this unprecedented time.
What is Probate?
Probate is simply the process of having a Court validate a Will. Once the validation of the Will is granted by the Court, the executor appointed in the Will can deal with the assets and liabilities of the deceased estate.
The NSW Supreme Court has the jurisdiction, within its equity division, to grant probate.
What is involved in applying for Probate?
There are generally three (3) distinct steps in applying for Probate.
The first step involves collecting all the information about the deceased assets and liabilities, including:
- What property did the deceased own and whether the property was owned jointly with others or owned through a trust or a company.
- The value and location of such property.
- The requirements of banks, share registries, insurance and superannuation companies.
- Whether the deceased was involved in any Court litigation or proceedings prior to his or her death that may be continue by the estate.
Once this information is collected and compiled, an application for grant of probate must be made to the NSW Supreme Court. The application is usually dealt with administratively so no appearance in court is required and generally the Registrar of the Court has the power and authority to deal with granting of probate.
Once probate is granted the next step is the administration of the estate. This involves collecting all the assets, paying all the debts and then distributing assets to the beneficiaries by the nominated executor. The timing of the administration is dependent on the number of assets and complexity of the assets in the estate.
What happens if someone dies without a Will?
Where a person dies without a legal Will, the law will decide to whom the estate should be distributed. In such circumstances, letters of administration on intestacy need to be obtained from the NSW Supreme Court, which will provide for the assets and liabilities of the estate to be dealt with.
Letters of administration authorise a person (called an administrator) to administer the deceased estate and distribute the assets.
From our experience every estate is unique and therefore we can advise you on the appropriateness of applying for probate according to your individual circumstances.
How can I get help with Probate?
At Fourtree Lawyers we can advise and assist you in the following ways to make this challenging time of your life easier for you and your family:
- Advise and assist you in getting a grant of probate;
- Ensure that each step of the process if fully explained to you and minimised as far as possible;
- Take the pain and burden of dealing with everyday complexities from administrating an estate away from your grieving family;
- If disputes arise between your family members in relation to the estate, we have a dedicated team of experts who will assist the executors defend vigorously any challenge to the Will and or the estate;
We are here to help
Our solicitors specialise in Wills & Estates matters throughout the Central Coast, the Hunter Region and Sydney. We have the experience and expertise to guide you through the process from beginning to end to ensure your peace of mind.
If you would like assistance with your Wills & Estates Planning or wish to discuss a matter of concern to you, contact one of our Wills & Estates specialists on 1300 529 444 or fill in our contact form to arrange a free conference with a solicitor today. Contact us now! 24-hour legal advice 7 days a week
- Affray & Public Violence
- APVO | ADVO
- Assault Offences
- Bail Applications
- Break & Enter
- Centrelink Fraud
- Criminal Appeals
- Contravene | Breach AVO
- Destroy | Damage Property
- Drug Offences
- Fraud Offences
- Larceny & Stealing
- Legal Aid NSW
- Murder | Manslaughter
- Offensive Behaviour
- Resist | Assault Police
- Section 10 Dismissal
- Section 32 Defence
- Sexual Assault
- Stalk | Intimidate
Very Helpful, Very Organized approach in defending you in court, Fourtree Lawyers are the company to chose if you want all the confusion and stress to be explained to you and for you in regard to facing court, these people are the Answer.
I’d like to thank Kevin and Jane for meeting me on the weekend and saving me a trip to the central coast (without a licence). I’d also like to thank Paul Popescu for doing a fantastic job representing me on a serious driving charge, he gave me clear instructions on what I needed to do and he was spot on, I received the best possible sentence. I would highly recommend Fourtree Lawyers, they travel all over NSW.
We found Fourtree Lawyers on Google after hours. I called on a Sunday and got some good advice. So went in to meet Kevin on the Monday. The outcome was a section 10(1)(b). We were so pleased and relieved. Thank so much to Kevin and Jane!! Would definitely recommend Fourtree Lawyers! Worth every cent! – JM Terrigal
I was recommend to Fourtree Lawyers from a friend whom also experienced a serious driving infringement. My situation was slightly more serious, being charged with drive while suspended, shared with a reasonably extensive driving record, meant my chances of driving home were minimal. Kevin’s realistic and knowledgeable approach not only prepared & educated me upon all possible verdicts, but also supported me with all possible optimistic outcomes. Kevin’s extensive knowledge of the legal system, combined with the understanding of the Judges expectations, and vast life experience resulted with an outstanding result,...
From the first phone conversation Fourtrees gave us the confidence and reassurance that that our matter would be handled with professionalism and an outcome we were hoping for. The submissions given outlined how we felt and defended our matter perfectly. We couldn’t be happier with the care and comfort we received. We would recommend Fourtrees to anyone needing legal advice & will use Fourtrees for all and any of our future legal matters.