Can I change lawyers for a contested estate matter?

Can I change lawyers for a contested estate matter? Question: “I hired a different law firm to handle a contested Will. But I’m not happy. What should I do?” Answer: It is unfortunate but it can happen, a lawyer who is meant to be Administering a Deceased Estate acts negligently in fulfilling their duties. When […]

What is the difference between probate and letters of administration?

What is the difference between probate and letters of administration? A Probate grant is a Supreme Court order, given to an Executor, that identifies the Executor as the person to deal with the deceased person’s estate. A Letter of Administration is given to someone who isn’t named as executor in the will. It’s usually a […]

How does Probate work in NSW?

What is Probate? Probate is the name of a court order that is granted by the Supreme Court of NSW. It confirms that: the will is valid the executor has permission to distribute the estate according to the will You might not need to go through Probate if the person died without owning property and […]

What happens when an estate is insolvent?

What happens to the debt of someone who dies? An Estate is insolvent in NSW when the liabilities of the deceased Estate are greater that the assets of the Estate. When a person dies, it is the duty of the Executor named in their Will (or appointed by the Court if the deceased did not […]

What is a Grant of Representation?

What is a Grant Of Representation? A ‘Grant of Representation’ is also known as a Grant of Probate and it is the official legal document from the Court that allows a person, usually the Executor named in the Will of the deceased, to deal with the assets of a deceased Estate. The usual process after […]

Probate Difficulties

Probate difficulties In NSW? Probate can come with a few difficulties!  Probate is the formal application that is made to the Court after a person has died. The purpose of the application to the Court is to establish the validity of the Will of the deceased so that the Executors named in the Wil,l can […]

What to do when a parent dies (NSW)

What to do when a parent dies (NSW) What to do when a parent dies, can be one of the hardest situations to experience. As well as dealing with the loss of a loved one, you may also have to deal and handle the effect of their death, which may include, ensuring that the wishes […]

Can a wife contest a Will?

Can a wife contest a Will? “My husband died 6 months ago and left $150,000 to one of my sons and to the other, our holiday home. I feel that this is a little unfair given that the price of the house is worth approximately $400,000 – $500,000. As his widow am I able to […]

Death Duties In Australia (Explained)

black calculator beside black pen on white printer paper

Do death duties apply in Australia? Inheritance Tax, commonly referred to as “death duties”, has not applied in Australia since 1981. Despite abolishing Inheritance Tax, there are still a number of taxes, that may impact on you if you receive an inheritance from a deceased Estate. These include capital gains tax, superannuation and stamp duty. […]