You may be entitled to compensation

Writing a will and managing will disputes can be a challenging and expensive experience. Along with impact of losing a loved one the challenges that arise need experience and guidance to effectively progress through. Our team are committed to supporting you through this difficult situation to the most beneficial outcome.

 

COMMON QUESTIONS ABOUT PROBATE

What is probate?

Obtaining Probate refers to a certificate issued by the Supreme Court of NSW that authorises a person to act as an executor when there is a Will.

When is it needed?

There is no statutory requirement to obtain Probate in every case, but asset holders (e.g. banks, insurance companies or superannuation funds) may require Probate before releasing or transferring assets to confirm the person seeking release of assets has authority to deal with them, and to protect themselves against possible liability for handing assets to the wrong person.

Real estate held solely in the name of the deceased person or as tenant in common will always require a Grant in order to deal with it.

What and/ or are there any costs?

The cost of applying for Probate in the Supreme Court of NSW is determined by gross value of the estate not including any joint assets. There will also be costs owing for the legal work completed and reimbursement for any disbursements on behalf of the estate.

Who can apply for Probate?

An Executor/Executrix named in the deceased's Will

 

Common Questions About Will's

How do I organise my Will?

Telephone the office to organise a "Will Instruction Sheet" to be sent to you.

What is the cost?

Once we receive your completed "Will Instruction Sheet" we can advise you of the cost involved. For a simple Will we charge $110.00 (GST inclusive).

Where should I store my Will?

We offer free storage in a Safe Custody Cabinet. 

Can I exclude anyone from the will and still protect my estate?

You can exclude someone from your Will. You will need to advise why you are excluding someone eg "estranged relationship". If this person is your child we advise you should bequeath them a small amount of funds. Anyone has the right to challenge a Will. Whether they are successful will depend on the facts, specifically, were they financially dependent upon the deceased.