Estate Administration and Probate

Losing a loved one is never easy. We acknowledge that grief and change bring their own unique challenges, and the complexity of dealing can feel overwhelming.

We take an empathetic, supportive approach, holding space for the emotion of this change.

We help executors and family members to navigate the complexities of the legal process such as obtaining Probate or addressing an estate without a will, streamline the administration of estate assets, liabilities and tax, and provide clear advice so our clients are informed, empowered, and genuinely supported.

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Probate

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Obtaining Probate in New South Wales is the legal process of having a will formally recognised by the Supreme Court, confirming the executor’s authority to administer the estate. It is usually required when the estate includes real estate, assets of larger values or more complex assets.

Estate Administration

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The administration of an estate is the management and finalisation of a person’s affairs after they have passed away. It includes gathering assets, paying debts and taxes and distributing property to the beneficiaries under the terms of the will. 

Intestate Estates

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An intestate estate occurs when someone passes away without a valid will. If this occurs, the succession laws determine how the estate is to be distributed based on the family relationships of the person who has passed. 

Advice to Executors and Trustees

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Managing an estate can be complex, and executors have important legal responsibilities. There may also be trusts that result from the will, such as inheritance managed for minor beneficiaries, or ongoing trusts which are managed by a trustee. The considerations for executors and trustees include tax obligations, record keeping, communication with beneficiaries and personal liability of the role, and it is important to seek good financial and legal advice if you are appointed to the role of executor or trustee.

Superannuation

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Superannuation is treated differently from other assets when someone passes away. Superannuation death benefits do not automatically form part of an estate, and are often paid directly to nominated beneficiaries or dependants under the rules of the funds.

Each fund has its own rules and processes, and self-managed super funds can have additional requirements as part of the administration process.

Our team is ready to provide the attention, care, and expertise you deserve.

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