Wills and Probate Lawyers Sydney
Losing someone you love and care about is a heavy burden, on top of having to juggle finalising their estate.
Hiring a lawyer to handle a wills and estates matter is essential in making sure your loved one’s final wishes are being taken care of just as they were intended.
We’re here for you.
At O’Sullivan Legal, our lawyers are here to provide you with a seamless probate process, giving you full peace of mind during this difficult time.
Contact us today, and let’s help you put everything in order.
How Does Probate Work?
Probate is the legal procedure of approving a will and choosing an executor. It is granted by the Supreme Court of New South Wales and allows the executor to distribute the estate to the beneficiaries.
Who is The Executor?
The executor is the person who handles all the affairs regarding the estate and adheres to the deceased’s last wishes. Usually, the deceased would have outlined in their will who they intend the executor to be.
This would typically be a family member, spouse, close friend, trustee or legal representative. If an executor has not been nominated, the Court chooses an administrator who is usually the beneficiary with the largest share of the estate.
It is the responsibility of the executor to apply for a grant of probate. If you are an executor and need legal advice, please speak to us today.
Applying for Probate – Time Limits
If you’re the executor appointed in the will, it is recommended to apply for probate within 6 months after the death of your loved one.
At O’Sullivan Legal, our lawyers understand the sensitivity of a wills and estates matter and can assist you in executing the probate process swiftly and with care.
Contesting a Will Before or After a Grant of Probate
Contesting a Will Before Probate
If you believe a will is invalid or that the executor named is unsuitable, it’s often best to act before probate is granted. This ensures the estate’s assets remain untouched until the dispute is resolved.
Common grounds for contesting a will before probate include:
- Lack of Testamentary Capacity: The deceased was not mentally capable of understanding the nature and effect of the will at the time it was created.
- Undue Influence or Fraud: The will was made under duress, coercion, or fraudulent circumstances.
- Improper Execution: The will fails to meet the legal requirements outlined in the Succession Act 2006 (e.g., missing signatures or witnesses).
- Forgery: The will is suspected of being forged.
- Revocation: The will was revoked before the deceased’s passing, or a newer will exists.
If you’re concerned about a pending grant of probate, you can file a probate caveat. This temporarily prevents the Court from granting probate, allowing time for your challenge to be heard. However, probate caveats are only valid for six months and must be supported by evidence.
Contesting a Will After Probate
Once probate has been granted, contesting a will focuses on its provisions rather than its validity. This usually involves a Family Provision Claim, where eligible individuals can seek further provision from the estate if they believe they were inadequately provided for.
Eligible claimants under the Succession Act 2006 include:
- A current or former spouse.
- A de facto partner.
- A child (including adopted children).
- A household member of the deceased who was financially dependent on the deceased.
- A grandchild who was financially dependent on the deceased.
- Someone who was living in a close personal relationship with the deceased at the time of their passing.
Claims must be filed within 12 months of the deceased’s death unless an extension is granted. The Court considers factors like the size of the estate, the relationship with the deceased, and the claimant’s financial situation when determining whether additional provision is warranted.
How We Can Help You
At O’Sullivan Legal, we know how daunting probate and will disputes can be for everyone involved.
Whether you are contesting a will, disputing a grant of probate, or seeking guidance on your rights as a beneficiary, our experienced team is here to provide clear advice and strong representation tailored to your situation.
Contact us today to discuss your case, and let’s ensure your rights are protected and your loved one’s wishes are respected.
Call Us Now: (02) 8114 4511
Visit Us At: Suite 15, Level 2, 123 Clarence St, Sydney NSW 2000
You can also fill out our online enquiry form to schedule your consultation.
Let us guide you through the process with confidence and care.
Frequently Asked Questions
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Why is a probate necessary?
Probate is important as it confirms the validity of the will, protects the assets of the deceased person, enables debts to be repaid, and ultimately allows the assets to be distributed to the beneficiaries as determined in the will.
How much does a probate cost?
This depends on the value of assets. For more information, visit the Supreme Court NSW website.
How long does it take to know the results of a probate?
It can take about 6-12 months to get approved. The length depends on different factors, including the estate, the validity of the will, if someone’s contesting the will, or if the application is done accurately.
What other duties does an executor do?
On top of applying for probate, the responsibility of an executor includes:
- Organising the funeral
- Contacting the beneficiaries
- Gathering the assets
- Paying any debts
- Lodging tax returns
- Distributing assets to beneficiaries
- Donating to charities if that’s what the deceased wished
- And carrying out the deceased’s final wishes.
What happens if you don't want to be the executor?
If it turns out you don’t want to accept the role of executor, it is important to notify the Supreme Court NSW as quickly as you can if you don’t want to take on the position. You can renounce the role and sometimes a professional executor such as NSW Trustee and Guardian may be appointed. For more advice, please contact our lawyers today.
Why is it necessary to hire a lawyer regarding probate?
Having legal expertise regarding a wills and estates matter is important as your lawyer can:
- Provide their expertise in an easy-to-understand manner
- Offer their advice based on their experience and qualifications
- Ease the stress and burden involved in managing the affairs around a loved one’s death
- And be able to ensure the accuracy of the probate application as well as minimising conflicts and disputes.
If you need to apply for probate, please speak to our lawyers to see how we can best help you so you can move forward.
We make things easy, efficient and worry-free.
Talk to us today.
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