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Advanced Estate Planning

Pre-Empting Contested Wills Claims

What is a Contested Wills Claim? A Contested Wills Claim (more commonly know as a family provision claim) is a claim made by an "eligible person" against your Estate Assets after your death. The Succession Act 2006 empowers the Courts to make Orders in effect remaking a person's Will where the "eligible person" has...

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Don't Risk more then you can Afford to lose: Personal Insurance Planning

What is Personal Insurance Planning? What would happen to you and your loved ones if for any reason you were unable to continue to earn an income? How long could you and your family maintain your current lifestyle or afford to make repayments on your house or investment loans?  Your ability to earn an income is probably the great...

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An Introduction to Advanced Estate Planning

What is Advanced Estate Planning? Advanced Estate Planning is not just about making a Will, Power of Attorney and Appointment of Enduring Guardian. Advanced Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most a...

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What is an Appointment of Enduring Guardian

An Appointment of Enduring Guardian is a document pursuant to which you appoint a person(s) to make health and lifestyle decisions on your behalf when/if you are no longer able to make those decisions yourself due to illness or unsoundness of mind. Unless the guardian's authority is restricted, a guardian may: decide where you ...

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Deceased Estates

 
   

If you are the Executor of a will or the spouse or next of kin of someone who has died without a will, navigating these circumstances can be difficult and confusing. 

If you expect that someone is going to make a claim against the Estate Assets or you are not sure what to do next it is important you speak to us. We deal with these issues on a daily basis. 

Needing Help With A Deceased Estate?

For a no obligation phone evaluation

Call Now - 02 49523901

 

Administering a Deceased Estate

 

When a person dies their assets (after liabilities and taxes) pass to the beneficiaries named in their Will or if there is no Will, the persons entitled pursuant to the Rules of Intestacy. The Estate is typically administered by the Executor(s) named in the Will.

It is the Executor's responsibility to:

  • identify the deceased's assets and liabilities,
  • obtain a Grant of Probate or Letters of Administration, when necessary,
  • call in the assets and pay the liabilities (and taxes) of the Estate,
  • deal with any claims made against the assets of the Estate by creditors and/or people challenging the Will under the Succession Act,
  • interpret the Will and identify beneficiaries, and
  • distribute the Estate's assets in accordance with the Will or  Rules of Intestacy (where there is no Will).

The role of the Executor is important, however, many of the tasks and responsibilities of the Executor should be performed by or with the assistance of a Solicitor. This is because the administration of the Estate carries risk of personal liability for the Executor and will often involve the consideration of complex legal issues.

 

How We Help

 

Our experienced Solicitors can guide you through the Administration process and take the stress out of all legal requirements.

We will provide you with advice in relation to legal issues that arise and assist you to satisfy the pre-condition to distribution of the Estate assets without delay.

We will make all necessary enquiries and sell/transfer properties, collect money in bank accounts, realise Shares and obtain Superannuation entitlements on your behalf.

We will deliver you peace of mind knowing that you have discharged your duties as the Executor in accordance with the deceased's wishes and the law.

 

Frequently Asked Questions

 

What is a Grant of Probate?

Probate is an Order made by the Supreme Court of New South Wales authorising the Executor to deal with the assets of an Estate in accordance with the Will or Rules of Intestacy (where there is no Will).

When is Probate Required?

Probate is required if the Estate includes:

Real Estate, and/or
Bank Accounts, Shares or Superannuation Benefits with balances of over $15,000.00 (depending on the institution).


What if there is no Will?

Rules exist under the Succession Act that dictate how the Estate assets are to be distributed where there is no Will ('Rules of Intestacy'). Usually the spouse or next of kin will need to apply to the Court for the grant of Letters of Administration to authorise them to administer the Estate.

Do I need to use a Solicitor?

Legal consequences and personal financial liability arise for the Executor if the Estate is not carefully administered according to the law.

Even if you do not consider that Probate will be required you should consult a Solicitor to ensure that the Estate will be properly administered.

What if the Will is not held by Roberts Legal?

You do not need to go to the Solicitor who currently holds the Will for assistance in relation to administering the deceased person's estate. We can uplift the Will from the Solicitor holding it at no extra charge.

How should Funeral Expenses be paid?

If the deceased person holds money in a bank account the bank will typically release funds in the form of a cheque in favour of the Funeral Home in payment of funeral expenses on receipt of a tax invoice and Death Certificate without the need for Probate. This can occur within days of the Funeral service. We can arrange this for you if you prefer.

How do we charge?

In relation to Estate matters, we offer a free initial consultation.

We charge a fixed fee in relation to the obtaining of a Grant of Probate in accordance with the Legal Profession Act 2004.

We charge a fee for service for advice and assistance with the administration of an Estate.

Our fees are payable from the Estate upon distribution of the Estate assets.

     

Deceased Estate Lawyers

 

Anna Roberts

Senior Associate Solicitor

Rebecca Wosman

Solicitor

Clare McAteer

Graduate Lawyer

     
     

 

Important Disclaimer

CONTACT US ON 02 4952 3901

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