Probate Lawyers Sydney & NSW

Obtaining a Grant of Probate is essential because it provides the legal authority to manage and distribute a deceased person’s estate according to their will. Without it, financial institutions, government bodies, and other entities may refuse to release assets or funds held in the deceased’s name.

Probate also serves as a safeguard against fraud, ensuring that only the rightful executor can handle estate matters. Additionally, it helps prevent disputes among beneficiaries by confirming that the executor has been legally recognised by the Supreme Court of New South Wales.

Our professional estate lawyers, Sydney and NSW wide, can assist in navigating this process and ensuring the executor meets all legal requirements.

Probate is an official legal document issued by the Supreme Court of New South Wales, confirming that a deceased person’s last will is valid and that the named executor has the authority to manage and distribute the estate. This includes accessing bank accounts, selling or transferring property, paying outstanding debts, and distributing assets to beneficiaries.

The probate process ensures that the deceased’s final wishes, as stated in their will, are carried out correctly and lawfully. Our professional team of wills and estate lawyers can help executors fulfill their responsibilities efficiently.

If the deceased did not leave a will or no executor was appointed, an interested party – typically a close family member – must apply for a Grant of Letters of Administration from the Supreme Court of New South Wales. There are two types:

• Grant of Letters of Administration of the Will – If a will exists but does not name an executor, or the named executor is unable or unwilling to act, the court can appoint an administrator to
• manage the estate.
  Grant of Letters of Administration (Without a Will) – If no valid will exists, the court will appoint an administrator, usually the closest next-of-kin, to distribute the estate according to intestacy laws.

These grants serve the same purpose as Probate by authorising an individual to legally handle the estate.

The need for Probate depends on the nature and value of the deceased person’s assets. Many organisations in New South Wales require formal legal proof before allowing the transfer or release of assets. Probate is commonly required in cases where:

• The deceased owned real estate solely in their name or as tenants-in-common.
• Banks, superannuation funds, share registries, or investment companies require Probate before releasing funds.
• Aged care facilities or nursing homes need legal documentation before refunding accommodation bonds.
• There are significant financial assets that cannot be accessed without a court-authorised executor.

Consulting a legal professional who is experienced in wills and estates can help determine if Probate is necessary.

The right to apply for Probate or Letters of Administration depends on the deceased’s will and the circumstances of their estate. You may apply if:

• You are the executor named in the will: The executor is responsible for managing the estate, paying any debts, and distributing assets according to the will’s instructions.
• There is no named executor, or the executor is unwilling or unable to act: In such cases, the closest next-of-kin (such as a spouse, child, or sibling) may apply for a Grant of Letters of Administration to manage the estate.

If you’re looking for trusted estate lawyers, Sydney wills and probate matters are our specialty. We provide specialist legal support to help you navigate the probate process with clarity and confidence.

While probate is often a straightforward process, legal disputes can arise that require the expertise of a probate litigation lawyer. These situations may include contested wills, disputes over asset distribution, executor misconduct, or family members challenge.

If an interested party believes a will is invalid due to undue influence, lack of capacity, or fraud, litigation may be necessary to resolve the matter. Additionally, probate litigation lawyers assist in cases where no will exists, and disagreements arise over intestacy laws.

Whether you’re an executor facing legal challenges or a beneficiary seeking to protect your rights, our team can provide strategic guidance and legal representation to achieve a fair resolution.