Grants of probate and letters of administration in the Supreme Court of NSW.
If you are the executor of a will, we can obtain the grant of probate from the Supreme Court of NSW and guide you through administering the estate. If there is no will, or no executor able to act, we can apply for letters of administration.
We also prepare wills, powers of attorney and guardianship appointments. Contact us today for an in-person or online consultation, wherever you are in Australia or overseas.
If you are the executor of a will, we obtain the grant of probate from the Supreme Court of NSW that gives you authority to deal with the deceased person’s assets, such as real estate and bank accounts.
If there is no will, or the named executor can’t or won’t act, we apply for letters of administration instead.
How long it takes depends on the estate and on any questions the Probate Registry raises. Our role is to prepare the application correctly, answer the Registry, and guide you through your duties as executor.
We assist executors in navigating the legal complexities of estate administration. We offer guidance on legal duties and help with asset inventory and valuation and obtaining a Grant of Probate.
We can also help you manage all aspects of a deceased person’s estate, including asset collection, debt payment, tax obligations and asset distribution in accordance with the will or, if there’s no will, in line with legal requirements.
Our goal is to simplify this process and ensure a smooth administration of the estate. We’ll also assist you with the final accounting and reporting to close the estate.
Wills are legal documents that ensure your assets are distributed according to your wishes. Without a will, your estate is distributed according to the common hierarchy of beneficiaries, which might not reflect your intentions.
Your estate or family situation may be complex. Seeking advice from solicitors like us ensures your will is legally valid and accurately reflects your wishes.
Speak with us and we’ll guide you through the process of drafting a will, and ensure that all your wishes are honoured.
Power of Attorney and Guardianship are both important legal instruments that allow individuals to appoint someone they trust to manage their affairs or make decisions for them.
If you want to plan ahead and ensure your affairs are managed by someone you appoint in case of travel, sickness or incapacity, Power of Attorney is what you need.
Guardianship on the other hand, are for individuals who are already no longer capable of making personal decisions, such as healthcare or living arrangements, due to incapacity. It is typically considered in the following situations:
In both cases, the decision to appoint a Power of Attorney or Guardian should be made carefully. Speak with us so we can give you advice and ensure these arrangements are set up correctly and reflect the individual’s wishes.
A grant of probate is the Supreme Court of NSW’s order confirming the will and the executor’s authority to deal with the estate. We prepare and file the application for you. The steps are:
Apply within six months of the death if you can; after that, the executor’s affidavit must explain the delay. If there is no valid will, or no executor able to act, the application is for letters of administration instead, and we can make that application for you.
Contact us and we’ll schedule a consultation to discuss your legal needs and objectives, in-office or online.
We’ll formalise our engagement and collaboratively develop a tailored strategy for your legal matter.
We’ll handle all necessary steps, from documentation to negotiations, to successfully manage your case and achieve the best outcome.
Once we achieve the resolution of your matter, we’ll finalise all details, and provide post-resolution support as needed.
Whilst you may visit our office for consultations and meetings, we can also do all of our legal work online. This way, you can save time and take care of your business while we handle your legal needs.
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Jonathan was admitted as a Lawyer of the Supreme Court of New South Wales in 2011 and is also admitted in the High Court of Australia. Jonathan has extensive experience in Property, Insurance, Litigation, Personal Injury and Commercial Law.
Jessie is an experienced Solicitor having been admitted as a Lawyer of the Supreme Court of New South Wales in 2015. Jessie has extensive experience in Property Law and Conveyancing and takes pride in providing clients with reliable advice and ensuring seamless transactions. Jessie is fluent in Mandarin Chinese (中文) and assists both domestic and international clients.
Teresa was admitted as a Solicitor in 2002 and is the firm’s most experienced solicitor in Wills and Estates, including probate and the administration of deceased estates. She is also a Chartered Accountant who manages clients’ Australian and US taxation needs.
Book your free initial consultation with us so we can understand your situation and let you know where you stand and your options. A representative of our team will contact you within 24 hours.
You can tell us about your matter at the comfort of our office or your home. Whatever you choose, we’ll deliver the same quality services and results.
Usually, yes, if the person who died owned real estate in their sole name or held significant assets such as bank accounts or shares. The institutions holding those assets will generally ask to see a grant of probate before releasing them to the executor. Property held as joint tenants usually passes to the surviving owner without probate, and some smaller estates may not need a grant. We can tell you whether one is needed in your case.
A notice of your intended application must be published on the NSW Online Registry at least 14 days before you file. After filing, the time depends on how quickly the Supreme Court’s Probate Registry processes the application and whether it raises requisitions (questions) that need answering. A complete, correctly prepared application is the quickest way through.
Yes. Executors can apply through the Supreme Court’s online Probate Service without a lawyer. Many choose a solicitor because the documents must be exact, requisitions can delay the grant, and the executor has legal duties to creditors and beneficiaries once the grant is made.
The Supreme Court can grant letters of administration, usually to the next of kin, and the estate is then distributed under the intestacy rules in the Succession Act 2006 (NSW). We can make the application and advise who is entitled to the estate.
You can still apply. The executor’s affidavit must explain the reason for the delay, and we can prepare that explanation as part of the application.
It depends on the size and make-up of the estate, whether the will raises any issues, and whether anyone disputes it. The Supreme Court also charges a filing fee based on the value of the estate. We give you a written quote once we have reviewed the estate.
Yes, you can, but in NSW certain people, including a spouse, de facto partner, child or former spouse, can apply to the Supreme Court for a family provision order if they believe they were not adequately provided for. A claim must generally be made within 12 months of the death. We can advise you on how to reduce the risk of a claim.
In NSW a will must be in writing and signed by you in front of two witnesses who are present at the same time and who also sign it. A witness should not be a beneficiary, because a gift to a witness can fail. Having a solicitor prepare the will and supervise the signing avoids these problems.
