Estates Lawyer, Northern Beaches
Starke Lawyers offers the following services on Sydney’s Northern Beaches:
- Applications for Grant of Probate or Letters of Administration
- Administration of Estates
- Family Provision Claims
- Contested Wills
What is a Grant of Probate?
If the deceased has left a Will, the executor named in the Will may need to make an application to the Supreme Court of NSW for a grant of Probate.
A grant of Probate is a court order granted to the executor verifying the Will of the deceased and authorising the executor to manage the deceased’s estate in accordance with the provisions of the Will.
What is a Grant of Letters of Administration?
A grant of Letters of Administration is a legal document issued by the Court, which allows the administrator(s) to manage and distribute the deceased’s assets.
There are two distinct types of applications for Letters of Administration:
- Letters of Administration – the deceased died without leaving a will (died intestate)
- Letters of Administration with the Will annexed – the deceased left a Will but there is no executor available to apply for a grant of probate.
The most common applications for a Grant of Administration are made by the surviving spouse or de facto spouse.
When a person dies without a valid Will then their estate is generally distributed in accordance with Chapter 4 of the Succession Act 2016 (NSW). Generally, only someone who is entitled to all or a share of the estate is entitled to apply for Letters of Administration.
Once it is determined who will apply for administration of an estate, the process is similar to applying for a Grant of Probate. The administrator of an estate is responsible for collecting the deceased’s assets, paying any debts and then distributing the assets to the beneficiaries.
Family Provision Claims
If someone considers adequate provision for their maintenance, education or advancement in life has not been made for them in a will (or, where someone dies without a will, under the rules of intestacy) they may bring what is known as a “family provision claim” – an application for a share (or a larger share) of the deceased’s estate.
In NSW, family provision claims are governed by the Succession Act, which provides that only the following people are eligible to make a family provision claim: –
- a spouse (or former spouse) of the deceased;
- a de facto of the deceased at the time of their death;
- a child of the deceased;
- a person who is/was a member of the deceased’s household and was dependent on the deceased at any stage of their life;
- a person who is a grandchild of the deceased and was dependent on the deceased at any stage of their life;
- a person with whom the deceased was living in a close personal relationship at the time of their death.
The Court will be guided by the criteria provided in the Succession Act in determining whether proper and adequate provision has been made, but it will always consider such issues as the claimant’s financial position, the size and nature of the deceased’s estate, and the relationship between the claimant and deceased.
If you believe you have been unfairly provided for in a recent Will, or have evidence to suggest that the Will is invalid, we can help. We will assess the evidence and give our honest opinion on your chance of success. We will prepare you for mediation and work with you to reach a satisfying outcome for everyone involved.
Deceased Estates Lawyer Northern Beaches: How it works
To work with Starke Lawyers as your deceased estates lawyer, get in touch via email to arrange an appointment.
You can take appointments to meet with Jonathan in person or via video call.
Reach out to arrange a meeting with an experienced Northern Beaches deceased estates lawyer today.