Wills and Probate by QT Lawyers in Cabramatta

We can assist you to obtain probate or letters of administration for deceased estates that have assets in New South Wales.

We know that obtaining probate or letters of administration can be challenging and time-consuming, especially if you have not been an executor before or the estate is large.

We can make things easier for you and provide peace of mind by guiding you through the whole process and offering transparent and fixed-fee services. 

Probate

If a loved one or relative has passed away, we are here to help at this difficult time. Just call us and we will advise you on the next steps in a caring way. A funeral is usually the first matter to organise, and you can usually defer the legal issues of the estate until that has taken place.

Executor of a Will

If you are the executor of a Will, we can help you with the various tasks that are required in order for you to administer the deceased’s estate according to his or her wishes. Depending on the nature and value of the assets, we can advise you whether Probate is necessary in the first place. It may be that Probate is not required at all, saving you considerable time and expense. For example, where bank balances are below say $25,000.00 (the exact amount varies between banks), the bank may be willing to rely on just a copy of the death certificate and an indemnity form rather than formal Probate. Or assets may be held jointly, in which case they pass automatically to the survivor and are not legally part of the estate.

Grant of Probate

However, in many cases, a grant of Probate is required from the Supreme Court before an executor can access the property, assets and bank accounts of the deceased person and deal with them in accordance with the Will. Because the Court must be satisfied that the Will presented is legally binding, and is in fact the last Will, the Court requires a high standard of compliance with the regulations.

Probate Applications

We can guide you through the process and help you to navigate the complexities of a deceased estate, as easily and painlessly as possible. Probate applications can be a legally technical area in which practical experience in finding solutions can be invaluable. Too many stories abound of estates getting bogged down for long months due to difficulties and inaction. With expertise and long experience in this area, we take pride in being able to complete the whole process as promptly and efficiently as possible, meaning that distribution of assets can be made in a timely manner.

We will arrange the publication of the required 14 days’ advertisement on the Supreme Court website, draft and prepare the Affidavits and other documents required for the application to the Court, contact the banks or other assets holders, and generally attend to the whole process on your behalf whilst keeping you fully informed at all times. You just need to furnish details of all assets, the original death certificate (which is usually sent to you by the funeral director about two weeks after the funeral), and the original Will. It does not matter if the original Will was prepared by another firm, and if the last Will is held by the Public Trustee or another solicitor, we can arrange for it to be sent to us.

Where the deceased failed to leave a valid Will, or the appointment of the executor is ineffective, an application for a grant of Administration may be required. This involves a similar process, but has added complications and requirements.

Wills

What is a Will

A Will is a legal document, that states exactly how a person property will be distributed upon their death. It can include details whether a person wishes to be buried or cremated.

What are the requirements for a Valid Will?

A Will is not valid unless:

• It is in writing and signed by the Testator (person making the Will) or by some other person who is present and signs at the direction of the Testator;
• The signature is made or acknowledged by the Testator in the presence of 2 or more witnesses present at the same time and;
• At least 2 of those witness attest and sign the Will in the presence of the Testator

Even though a Will may not meet all the formal requirements that are required it is possible upon application to the Supreme Court that the Court dispenses with the legal requirements and if the evidence is proved, finds that a valid Will does exist.

The following circumstances may require you to make changes to your will:

– if you have children or grandchildren
– if your marital status change
– if you have purchased or sold a property after making your will
– if you are experiencing other significant changes which may affect the validity of your will

This is a very complex area of law and we have the skills , experience and expertise to assist you.

Contesting Wills

A Will is a legal document which embodies the testamentary wishes of the deceased identifying those persons whom they wish to benefit from their Estate and in what proportion. Usually the beneficiaries of an Estate are family members. On occasion however a family member or other closely related person may be excluded from the terms of a Will. The Succession Act empowers the Court to interfere with the wishes of the deceased if they form the view that the deceased should have made provision for such a person. This is known as a Family Provision Claim….read more

Powers of Attorney

Powers of Attorney relate to financial, property and contractual matters. A Power of Attorney is a written and signed document, whereby the “Principal” entrusts and confers power on another person, “the Attorney” to make financial decisions on the behalf of the Attorney.

The Attorney can sign cheques, deal with bank accounts, buy and sell property. The Attorney must act with good faith and always in the best interests of the Principal. The Attorney can be called to account for their actions and should keep records of all their dealings. The Attorney must also keep their finances separate from that of the Principal.

There are 2 types of Powers of Attorneys:

1. General Power of Attorney

Which is created for a specific period of time, for example if the Principal is travelling overseas and needs to sell their home, then they can instruct their Attorney to sign all documents for the sale of the home. The general Power of Attorney is usually limited for a specific period of time and is suspended if the Principal loses their capacity or becomes physically or mentally ill.

2. Enduring Power of Attorney

An enduring Power of Attorney is one which operates even after the Principal has lost capacity or is mentally or physically unwell. The benefit for older people is that it enables them to choose one Attorney or joint Attorneys to manage their financial affairs as in the event that they become incapable of doing so. This avoids the need for an application to be made at the Guardianship Division | NCAT – NSW Civil and Administrative Tribunal or the Supreme Court to appoint a Financial Manager.

Enduring Guardians

An enduring guardianship is a document which confers power on a “Guardian” to deal with the accommodation and health of the Principal. The Enduring Guardian operates at the time that the Principal loses capacity and not before. It will cease when the Principal dies or if it revoked by the Principal, whilst they have capacity.

To appoint an enduring guardian, the Principal must be over the age of 18 years and must have understanding of what they are doing. The enduring guardian must be an adult and cannot be paid for their services to the Principal.