It is always a difficult time when a loved one or close friend passes away.
Shire Legal can assist you through this difficult time by offering guidance, support and considered advice in relation to the deceased’s affairs, including:
- Advice – advising the executor / administrator
- Notification – preparing notifications to the various asset holders (including the deceased’s bank and other financial institutions)
- Application – preparing the required documentation to authorise the executor / administrator to deal with the deceased’s estate and other affairs – including the prior notification of your intention to apply for probate (or Letters of Administration), the application to the Supreme Court for probate to be granted, the accompanying affidavits (including an affidavit as to delay, if the application is made more than 6 months after the deceased’s death), and dealing with any requisitions (that is, questions or requests for further information) issued by the Supreme Court
- Distribution – assisting the executor / administrator to distribute the estate in accordance with the deceased’s wishes (including preparing the required documentation to transfer ownership of any real estate held by the deceased).
Some important points to note if someone has passed away
- deaths in New South Wales must be registered within 7 days of death (section 41 Births, Deaths and Marriages Registration Act 1995). Typically this done by the funeral director, with the death certificate being issued by NSW Births Deaths and Marriages. It takes BDM approximately 3-4 weeks to process and mail the death certificate to the next of kin.
- the person who is appointed under the deceased’s Will (known as the executor), or if they are not known, the next-of-kin, will need to locate the deceased’s original Will. This will be needed for the probate application. If the original Will cannot be located, then searches will need to be made with the deceased’s former solicitors (if known) and notices published online and in the newspaper.
- Part 78 rule 16 of the Supreme Court Rules require the executor to give an explanation if the probate application is lodged more than 6 months after the date of the deceased’s death
- the executor needs to collate information and documentation about the deceased’s assets and liabilities – these typically include:
- the title documents to the family home (and any other properties owned by the deceased) – if any property has a loan secured by a mortgage, then the Certificate of Title will be held by the mortgagee (bank/financial institution);
- details of the deceased’s bank accounts, credit cards and loans
- details of any shares held by the deceased
- any other asset held in the deceased’s name (such as motor vehicles, boats, trailers, caravans)
- details of any businesses or companies the deceased was involved with at the time of death
Assisting you in a difficult time. Contact the team at Shire Legal to discuss your needs.