Deceased Estates

Deceased Estate Lawyers in Newcastle & Sydney

Smooth and stress free Estate Administration

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.

We deal with these issues on a daily basis.

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 person’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.

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.

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.

What if the Will is not held by Delaney Roberts Family Lawyers?

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.

Speak to our Deceased Estate Lawyers Today

Advanced Estate Planning Guide

Often there are simple solutions to complex Estate Planning problems that go unaddressed.

The purpose of this Guide is to provide a brief overview of the considerations and solutions relevant to our Advanced Estate Planning service.

Find out what Estate Planning solutions are relevant to you and your family.

Enter your details below and we will email you ‘Advanced Estate Planning: Simple Legal Solutions’ today.

Legal consequences and personal financial liability may arise for an 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.

How We Help

Our experienced Solicitors will guide you through the Administration process to ensure that your duties as Executor are fulfilled smoothly and stress free.

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

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

Call now for peace of mind knowing that you will have discharged your duties as the Executor in accordance with the deceased’s wishes and the law.

Advanced Estate Planning Guide

Often there are simple solutions to complex Estate Planning problems that go unaddressed.

The purpose of this Guide is to provide a brief overview of the considerations and solutions relevant to our Advanced Estate Planning service.

Find out what Estate Planning solutions are relevant to you and your family.

Enter your details below and we will email you ‘Advanced Estate Planning: Simple Legal Solutions’ today.

Rebecca Wosman

Associate Solicitor

Clare McAteer

Associate Solicitor

Advanced Estate Planning Guide

Over the last 10 years or so there has evolved an increasing responsibility for Solicitors and other advisors to ensure that clients are aware of the legal solutions available to protect their Estates (current and future assets) and give effect to their Estate Planning intentions.

Notwithstanding, many Solicitors and other advisors continue to adopt a basic approach to Estate Planning only and do not offer any service to address Advanced Estate Planning considerations and solutions.

Family Law Smart Start Guide

Marriage or relationship breakdown is one of the most stressful life events that you will encounter.

Getting through it and successfully moving on will depend on many things, including the ability and experience of your Family Lawyer.

Experience the empowerment of knowing where you stand at an early stage by downloading our guide and making a Smart Start Appointment with one of our dedicated Family Lawyers.

Recent Articles

Blended Family Will Disputes, recent Supreme Court decision provides fresh insight

Anna Roberts 20 January, 2017

Difficulties often arise in cases where a person with children from a first relationship subsequently enters into a new relationship or re-marries. Competing arguments will often emerge as to the testamentary entitlements of the person’s children from the first relationship on the one hand, and the new spouse on the other hand, when the person

Estranged adult son’s claim for provision from father’s $4million Estate settled for nominal amount thanks to persuasive presentation of applicable laws at Mediation.

Anna Roberts 4 July, 2020

The client was the Executor of her father’s Estate (“the Client“). Under the terms of her father’s Will, she was appointed as the Trustee of a testamentary trust that conferred upon her a discretionary power to control and distribute an Estate valued at approximately $3.5 – $4 million. Of particular value was a number of

Father defends estranged Daughter’s challenge to Grandmother’s Will on grounds of lack of testamentary capacity and claim for Family Provision Order.

Anna Roberts 3 July, 2020

The client was the Executor of his mother’s Estate (“the Client“). He sought a grant of probate in relation to what he considered to be her last valid will (“the Will“). At the time that the Will was made, the Client’s mother (“the Deceased“) intended that her Estate would go to the Client and his

Failure to update Will leads to Family Provision and Superannuation Death Benefit Claims. Court satisfied that de facto partner of 7 months entitled to bulk of Super ($200,000) and equal share of other Estate Assets.

Anna Roberts 1 July, 2020

The client was the de facto partner of the Deceased (“the Client“). She sought a Family Provision Order on the basis that she had not been provided for in any way in the will of the Deceased. The Deceased died unexpectedly as a result of an accident, and left a Will in which he appointed

Anna was compassionate and understanding during what was a difficult period of my life.

“Anna’s professional and diligent manner was pleasing to deal with. She promptly attended to the administration of the Estate and kept me informed of any progress at all times. She was compassionate and understanding during what was a difficult period of my life.”

Margaret Akerman

Anna made me feel like I was in control.

“Anna talked me through to procedures required, organized all the paperwork involved and made me feel like I was in control. She knew exactly what had to be done and kept in touch through the entire process. I found her to be very understanding and professional during this rather difficult time in my life”.

Johanna Lillford

Deceased Estates

Deceased Estate Lawyers in Newcastle & Sydney

Smooth and stress free Estate Administration

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. We deal with these issues on a daily basis.

Administering a Deceased Estate

Frequently Asked Questions

What is a Grant of Probate?

When is Probate Required?

What if there is no Will?

How should Funeral Expenses be paid?

What if the Will is not held by Delaney Roberts Family Lawyers?

Speak to our Deceased Estate Lawyers Today

Advanced Estate Planning Guide

Often there are simple solutions to complex Estate Planning problems that go unaddressed.

Connect on

We will takecare of thedetails.

Key Practice Contact

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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.

We deal with these issues on a daily basis.

We will take
care of the
details.