Probate
Probate
After a person dies, the person nominated as the Executor in the Deceased's Will needs to arrange for Probate (ie authority) to be granted to them by the Supreme Court.  Shire Legal can assist in preparing the documents to be lodged with the Court (including an Application for Probate and Affidavit of Executor) as well as the required legal notices to be published in the newspaper.  Following the grant of Probate, Shire Legal can also assist with administering the Estate - that is, getting in and distributing the assets in accordance with the Will.

If the assets of the Estate include property (such as the Deceased's home), the property can be placed on the market prior to Probate being granted by the Supreme Court.  The Contract needs to note the Executor as the Vendor, with a special condition stating that the sale of the property will settle (ie be completed) once Probate has been granted by the Supreme Court.

Who can see a copy of the Will?
Section 54 of the Succession Act 2006 (NSW) entitles anyone who falls within a range of categories to inspect a Will or to obtain a copy of a Will after the testator/testatrix has passed away.  The categories include:
* anyone named in the Will (whether or not they are named as a beneficiary)
* anyone who is named or referred to in an earlier Will as a beneficiary (even if they are not named in the latest Will)
* a parent, guardian, spouse, defacto partner or child of the deceased
* a parent or guardian of any child referred to in the Will or who would be entitled to a share of the deceased's estate if they had died intestate (ie without leaving a Will)
* any person who would be entitled to a share of the estate if the deceased had died intestate
* any person (including a creditor) who has or may have a claim at law or in equity against the estate
* any attorney who held an enduring power of attorney given by the deceased
* any person who had formal management of the deceased's affairs under certain legislation

Letters of Administration
If the Deceased died without leaving a Will (ie they died intestate), or if their Will is deemed to be invalid, Shire Legal can assist you with applying for Letters of Administration to the Supreme Court of NSW, so that you can be appointed as the administrator of the Estate.  In these circumstances, there is legislation that details how an estate may be distributed and by whom.  The Supreme Court can appoint an Administrator to distribute the estate under the Wills, Probate and Administration Act 1898 (NSW).

The Family Provision Act 1982
If you expected to be a beneficiary of a will but have not been provided for, you can make a claim against the distribution of any estate under the Family Provision Act 1982 (NSW), provided you can clearly set out reasons as to why you should be considered a beneficiary of the deceased estate.


Contact Shire Legal to arrange a consultation with an experienced solicitor.

 

Suite 9
46-48 Urunga Parade
Miranda NSW 2228 Australia
Phone: 02 9526 3444
Fax: 02 9526 3499

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