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Probate and Estate Administration
I highly recommend the expertise and unfailing follow up from Michaela Money and Christine Hunyh. They handled the legal situation of a very poorly written will and a property in a foreign jurisdiction with extensive knowledge and understanding of a very difficult and stressful time for me following the death of my husband. I know I chose the most highly skilled, supportive and professional team.
I can highly recommend Michaela and MJM Lawyers. Michaela is a highly professional and knowledgeable lawyer who showed genuine care. Michaela provided clear guidance and provided great clarity with a difficult situation. Michaela runs a very professional service and I have no hesitation in recommending her and MJM Lawyers.
Excellent from the start. Understanding comprehensively. Gets to the objective concisely and promptly. Very respectful and dignifying. Completely satisfied with results. Worth every penny !
I had a most positive experience with MJM Lawyers and particularly with Victoria Sewell. We were able to communicate regularly without hitches. Victoria was marvelous with helping me through what could have been a complex situation. We were able to achieve a positive result which was as I’d hoped. Communication was open and complete. Any concerns I had were put to rest with Victoria’s explanations and confidence. I would recommend them and I’ll certainly be keeping them in my contacts list for future assistance. A pleasure to deal with from start to finish.
The best service ,and very knowledgeable.for such a difficult time on my fathers passing .everyone was amazing , responsive and extremely professional
Great job , thanks
Great job , thanks
We engaged MJM Lawyers via their Online Probate Application service – the efficient and knowledgeable service was so professional and efficient, and at a very reasonable cost. Michaela and Christine guided us through the process and warned us where we may have had difficulties. I would certainly use them again for other matters and definitely recommend them.
Christine Huynh ất MJM Lawyers provided a fantastic service that exceeded my expectations. She provided detailed advice in a friendly and professional manner. I would definitely recommend the services of MJM lawyers.
Specialists in Estates, Probate and Letters of Administration in NSW- Why choose us?
- Leading Sydney Estate Planning Lawyers
- Probate NSW made simple – experts with all the knowledge
- Fast and efficient service
- Our fees for obtaining probate can be paid from estate funds
- Online meetings available
- Two convenient offices – Sydney CBD and Pymble, Sydney
- Payment is only due once the Grant of Probate is obtained
- 5 Star Google reviews
- Apply now for a fixed fee quote
What is Probate? What does Probate mean?
Obtaining the Right to Administer an Estate - Applying for Probate and Letters of Administration in NSW
Before the assets of a deceased person can be distributed to beneficiaries, it is usually necessary to apply to make an application for Probate or Letters of Administration. The application is made, in NSW, to the Supreme Court of New South Wales. The grant gives to the person obtaining it, the legal right to distribute the assets of the estate.
When is Probate required in NSW? When is Probate not required in NSW?
Probate is required in NSW, unless the estate is very small and the asset holder, such as a bank does not require a Grant in order to transfer the asset or the assets were owned jointly with another person. In all other cases, a Court order (referred to as the Grant of Probate or Letters of Administration) is required before the estate can be administered in accordance with the Will
Where there is a Will
Where there is a Will, it usually appoints someone to act as the Executor. That person can choose whether or not to accept the appointment and apply to the Court for a Grant of Probate to be legally recognised as having the right to administer the estate. In certain circumstances, other people, such as estate beneficiaries, can apply for this right, instead of the nominated Executor.
We can help you obtain a NSW Grant of Probate, quickly and cost effectively.
How to apply for Probate NSW? Start the process by using our Online Probate Application Service or Contact us.
What is a Will?
A Will is a document that records how a person intends their property to be dealt with after their death.
Does a Will have to be a written document? What can a Will be?
A Will is normally required to be in writing. However, in New South Wales a Will can also be, if the Court permits, “anything from which sounds, images or writings can be reproduced with or without the aid of anything else”.
Although Wills usually appear on printed pieces of paper or other material, Wills can be, if the Court permits: in soft copy only, stored on a computer; recorded on video or webcam; typed in the notes app of an iPhone or written on a wall, just to give a few examples. It is therefore very important, in this digital age, to check all places (both physical and electronic) where a Will might be stored or recorded.
Even if a Will has not been signed or if it was not signed in accordance with all of the usual requirements (for example, in the presence of two independent witnesses), the Court can still declare it to be a valid Will.
If a Will is unusual (otherwise referred to as an informal Will) and does not comply with the formal requirements prescribed by legislation, the Court must be satisfied that the deceased person intended the writing or recording to be his or her last Will, without any further action having to be taken, before the Court will declare it to be a valid Will. Proving this can cause significant delays and costs. For this reason, warnings have been given by the Court about making unusual, informal or home-made Wills.
What happens if there is no Will?
Where there is no Will
Where there is no Will, the “laws of intestacy” will determine who is entitled to the assets of the estate (the beneficiaries).
Unless the estate is very small or the assets of the estate were owned jointly with another person, a Grant of Letters of Administration from the Court will be required, before the estate can be administered.
Contact us if you would like us to help you to obtain a grant of Letters of Administration on Intestacy.
If there is a dispute about who should have the authority to administer the estate, please contact us for assistance.
If you are unhappy about who will receive the estate pursuant to the laws of intestacy, we can help.
Questions about Probate and Letters of Administration
How long will probate take? Supreme Court NSW processing times for Probate and other applications
How long does Probate take in NSW? The Supreme Court of New South Wales offers the public information about processing times for probate and other applications. Click the link below to find out the current NSW Probate processing times.
How much does Probate cost in NSW?
Probate NSW Costs/Probate Fees NSW – The cost of Probate in NSW consists of probate legal fees and the probate court filing fee.
Probate Solicitor’s fees NSW – the legal fees that can be charged for preparing an application for probate or letters of administration are governed by legislation and depend upon the value of the assets of the estate. Click here for the NSW probate fees. In addition, the Court charges a probate filing fee NSW for filing the application, which can be found by clicking on the link below.
Reseals
Resealing a grant of probate refers to the process by which a Court in one jurisdiction recognises and “reseals” a grant made in another jurisdiction. Generally, one Commonwealth country or state will usually recognise or reseal a grant made in another Commonwealth country or state. The reseal essentially allows the executor to deal with assets in a new location without having to obtain a separate grant of probate there. If a deceased person had assets in multiple states or countries, the executor needs legal authority to deal with those assets in each location. Instead of applying for a new grant of probate in each jurisdiction, a reseal can sometimes be obtained, recognising the original grant.
- How it works:
The executor applies to the Supreme Court of the new jurisdiction (e.g., NSW), providing the original grant of probate (or an official copy) from the other jurisdiction. If everything is in order, the Court then seals the original grant with its own seal, recognising its validity within that jurisdiction.
- Benefits:
Resealing allows the executor to deal with all assets, regardless of location, streamlining the administration process.
- Example:
If a deceased person had a will and was granted probate in the United Kingdom, but had an investment property in NSW, the executor could apply for a reseal of the grant in NSW to deal with that property.
Estate Administration
The Executor or Administrator of an estate has certain rights, duties and obligations with respect to the administration of the estate. If these duties are not fulfilled, the Executor or Administrator can, in some circumstances, be held personally responsible for any loss to the beneficiaries of the estate. In some circumstances, they can also be replaced.
If you are an Executor and need guidance with respect to your duties, to avoid personal liability, we can help.
If you are a beneficiary and have concerns about how an Executor is administering an estate, we can help if you contact us.
For more information about the steps involved in Estate Administration, find out more about our Deceased Estate Administration and Resolution Service and visit our Knowledge Base.
Probate Notices NSW
NSW Probates notices are published on the Supreme Court of NSW Website. A NSW Probate Notice search can be conducted by clicking the link below:
NSW Probate Search
A Probate Search NSW can be conducted to check if a Grant of Probate has been made in relation to a particular estate and to check the validity of the Grant, by clicking the link below:
