Estate Administration Lawyer Sydney & NSW

Probate is required when a person dies and leaves a valid will. It confirms the will’s validity and gives the executor legal authority to manage and distribute the estate according to the deceased’s wishes.

On the other hand, Letters of Administration are needed when there is no valid will. In this case, the court appoints an administrator, typically the next of kin, to handle the estate and distribute assets according to NSW intestacy laws.

While probate is for estates with a will, letters of administration are for those without one, and they appoint an administrator instead of an executor.

Estate administration typically takes between 6 to 12 months, depending on factors like estate complexity and the presence of disputes.
Several elements can extend the timeline, including:

• Complex estates with multiple assets or international properties.
• Disputes, such as will contests or beneficiary disagreements.
• Settling debts and finalising tax matters.

While simple estates can be resolved quickly, the more complex cases may take longer, especially if litigation is involved.

Yes, if you encounter disputes during estate administration, our lawyers can provide legal support to help resolve conflicts.
We can assist with:

• Will contests if there are challenges to the will’s validity.
• Executor disputes, including conflicts between executors and beneficiaries.
• Family provision claims if you believe the will doesn’t adequately provide for you.

Our team can also help mediate disagreements or represent you in court to ensure the estate is managed properly and fairly.

Family Provision Claims allow certain individuals, such as family members, to seek a fair share of a deceased person’s estate if they were left out or inadequately provided for. The law allows several categories of people to apply, including:

• Spouses or de facto partners, both current and former.
• Children, including biological, adopted, or stepchildren.
• Other dependents who were financially reliant on the deceased, such as grandchildren or parents.

Eligibility depends on the relationship to the deceased, their financial needs, and the estate’s value.

If an executor is failing to act or mismanaging the estate, beneficiaries can take legal steps to address the issue. Executors have a legal responsibility to manage the estate properly, including distributing assets in a timely manner and following the will’s instructions.

Common issues include:

• Failure to distribute assets promptly.
• Mismanagement of funds, such as mishandling estate finances.
• Conflict of interest, where the executor puts their own interests ahead of the estate.

If you suspect mismanagement, we can help address the issue, whether through mediation or by seeking the removal and replacement of the executor.

Yes, it is possible to challenge a will after probate has been granted, though there are time limits.

Common grounds for challenging a will include:

• Undue influence, where someone pressured the deceased into changing the will.
• Lack of capacity, if the deceased was not mentally capable when creating the will.
• Improper execution, such as not meeting legal requirements for will signing.

Challenging a will after probate is granted is more complicated, but with the right legal advice, it is possible to pursue such a claim.

Administering an estate involves various costs, which can vary depending on the complexity of the estate and any disputes that may arise.

Key costs typically include legal fees for probate or administration, court fees for filing necessary documents, and potentially executor fees if the appointed person is entitled to compensation. Additional costs might include valuing estate assets and paying off debts or liabilities before assets can be distributed.

While these costs are generally covered by the estate, any unexpected complications could increase the overall expenses.