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Wills and Estate Planning - Probate and Letters of Administration
Proctor & Associates understands the importance of not only having a will,
but having a will that is valid and complies with the formalities which must be
met under existing legislation.
Proctor & Associates can prepare, refresh or amend your will and advise you of your rights and legal entitlements when a will that affects you is being challenged. We can also act on your behalf when applying for formal or informal administration of an estate from the Supreme Court.
For further information, or to make an appointment to have your will prepared, contact your solicitor at Proctor & Associates.
Probate & Letters of Administration
Have you been faced with the death of a loved one and not sure now how to proceed with their estate.
At Proctor & Associates we can help you with your application to the Supreme Court of NSW for Probate or Letters of Administration.
If the deceased has left a valid Will, then the application for Probate can be made however, if no valid Will exists, an application for Letters of Administration has to be made. In circumstances where no Will is left by the deceased, the legislation details how an estate may be distributed and by whom.
If a Will is left by the deceased, it is a requirement that an executor be appointed to administer the Will upon the death of the person.
In order to have authority to deal with the assets of the deceased, the executor must in most case, be granted Probate.
An application for Probate is filed at the Supreme Court of NSW and is accompanied by various documents including:
The original Will;
A death certificate;
Details of the deceased’s assets.
There is also a requirement that a notice stating that an application to the court is being made, published in the newspaper.
Without a grant of Probate, in most cases the executor will not be able to access the deceased’s bank accounts nor be able to sell or transfer any shares, vehicles or property held in the name of the deceased to the beneficiaries.
When the Court grants Probate, the executor is authorised to administer the estate of the deceased in accordance with the will.
The Probate document acts as proof to asset holders (Banks, Private Companies and Government Departments) that the executor is authorised to deal with the assets of the estate.
Filing an application for Probate and administering an estate can be a time consuming exercise, complicated and costly if mistakes are made.
It is therefore recommended that you seek professional assistance.
Contact a Lawyer at Proctor & Associates on (02) 9687 3777 and we will be glad to assist you.
Alternatively, you can send an inquiry via email and a member of our legal team will contact you.
Proctor & Associates can prepare, refresh or amend your will and advise you of your rights and legal entitlements when a will that affects you is being challenged. We can also act on your behalf when applying for formal or informal administration of an estate from the Supreme Court.
For further information, or to make an appointment to have your will prepared, contact your solicitor at Proctor & Associates.
Probate & Letters of Administration
Have you been faced with the death of a loved one and not sure now how to proceed with their estate.
At Proctor & Associates we can help you with your application to the Supreme Court of NSW for Probate or Letters of Administration.
If the deceased has left a valid Will, then the application for Probate can be made however, if no valid Will exists, an application for Letters of Administration has to be made. In circumstances where no Will is left by the deceased, the legislation details how an estate may be distributed and by whom.
If a Will is left by the deceased, it is a requirement that an executor be appointed to administer the Will upon the death of the person.
In order to have authority to deal with the assets of the deceased, the executor must in most case, be granted Probate.
An application for Probate is filed at the Supreme Court of NSW and is accompanied by various documents including:
The original Will;
A death certificate;
Details of the deceased’s assets.
There is also a requirement that a notice stating that an application to the court is being made, published in the newspaper.
Without a grant of Probate, in most cases the executor will not be able to access the deceased’s bank accounts nor be able to sell or transfer any shares, vehicles or property held in the name of the deceased to the beneficiaries.
When the Court grants Probate, the executor is authorised to administer the estate of the deceased in accordance with the will.
The Probate document acts as proof to asset holders (Banks, Private Companies and Government Departments) that the executor is authorised to deal with the assets of the estate.
Filing an application for Probate and administering an estate can be a time consuming exercise, complicated and costly if mistakes are made.
It is therefore recommended that you seek professional assistance.
Contact a Lawyer at Proctor & Associates on (02) 9687 3777 and we will be glad to assist you.
Alternatively, you can send an inquiry via email and a member of our legal team will contact you.
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