Losing a loved one can be a very difficult and stressful time for all involved.
Our role is to make the legal process as easy and stress free as possible so you can focus on the things that really matter including yourself and your family. No matter the circumstances, we are here to support you.
In our initial appointment we will get information from you to determine the legal advice and support you need. The legal process depends on whether there is a Will in place, how the Will was written, and the size of the estate. Some common processes are listed below.
When there is a formal Will in place, and the assets in the deceased estate warrant it, a grant of probate is required from the Supreme Court NSW to ensure that the executor is given the legal authority to administer the estate.
Executors and trustees appointed under a Will owe a fiduciary duty to the beneficiaries of the estate and have legal responsibilities that can often be onerous, time consuming and overwhelming.
Engaging an experienced solicitor through Avid Law will ensure that you meet all your legal obligations and take the stress out of lawfully administering the estate.
Avid Law is here to assist you from start to finish, offering valuable legal advice and insight from our years of experience in dealing with these types of matters.
Letters of Administration
If there is no Will in place, a grant of letters of administration may be required from the Supreme Court NSW to give someone the legal authority to administer the estate.
If there is no Will, the person is said to have died 'intestate' and the laws of intestacy will determine to whom the assets of the estate are distributed. This area of law can be very complex and onerous on the people left to sort it all out.
Engaging an experienced lawyer to assist you to administer an intestate estate is crucial.
Where a Will has not been drafted correctly or does not meet the formal requirements of a Will is an informal Will. These are usually Wills that have been drafted by the testator personally, or an inadequately drafted 'Will kit'.
The most common issue with informal Wills is that they do not deal with all the assets of the estate and result in a 'partial intestacy'. Informal Wills are treated differently by the Supreme Court NSW and often require a grant of Letters of Administration with the Will Annexed.
These matters are almost always complex and onerous for the people left to sort it out, requiring an experienced lawyer to ensure that the requirements of the Supreme Court NSW are satisfied and that the estate is lawfully administered.
Not all deceased estates require a grant of administration from the Supreme Court NSW, however it is often advantageous for the personal legal representative to obtain one to ensure that the protection of the Supreme Court is obtained.
It is best to seek legal advice to ensure that the risks and benefits of obtaining a grant are considered before making this decision.
If you are unsure if a grant of administration is required, contact Avid Law today for an obligation free initial discussion about your unique circumstances.
The costs of administering a deceased estate are payable by the estate (not by the executor personally). Costs of obtaining a grant of Probate or Letters of Administration are set by the Supreme Court NSW scale costs based on the gross value of the estate at the date of death. Costs are generally payable from the estate after everything is completed.
You can book in for an initial consultation to speak to us about your circumstances, or if you have any questions, please feel free to book in for a free, no obligation 15-minute phone consultation.