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We are sorry for your loss.
Losing a family member or loved one is never easy.
We know how important it is to make sure that your loved ones gifts or legacy continues to live on.
Our Solicitors are all experienced in Deceased Estates and are passionate about assisting clients in this time of need.
We will assist you with the preparation of all the necessary legal forms and paperwork that need to be prepared to finalise your loved one’s estate.
We pride ourselves on being understanding in this time of need.
This situation is described as intestacy and the law determines how assets will be shared out after any debts have been paid by the estate. If you are the next of kin you can apply for Letters of Administration.
Letters of Administration is a legal document issued by the court which grants authority to be able to take on the role as Administrator and finalise the estate without a Will.
We can assist you to search for the Will with local law firms and/or apply for Letters of Administration.
Have you been chosen by a family member or friend to be the Executor of their Will? This means that you have been given responsibility to manage their estate according to their wishes and to protect their assets under the various laws and rules that govern estate administration in Australia.
Being an Executor can be overwhelming, particularly when you are grieving, but rest assured that we are here for you. Just because you have been named an Executor does not mean you have to accept the responsibility.
If there is another Executor named, they can take on the role, or if you are the sole executor named you can apply to the Court to appoint someone else. However, it is important to remember that you cannot later change your mind – giving up the responsibility is final.
If you are happy to assume the role as executor, contact us to discuss the next steps including whether you need to apply for a grant of probate.
Whether or not there was a valid Will in place, or if you have any questions at all, call or email us to have a conversation.
We offer a free consultation where we will gather information from you to enable us to provide you with advice on how to proceed.
We are here to provide advice on the process and to take the complexity out of the necessary legalities after the passing of your loved one so you can focus on what matters most.
Despite what most people think, a grant of probate is not always necessary. If the estate does not include property and the assets are of minimal value, depending on the interested institution's (e.g. banks) unique rules, you may not need to apply for a grant of probate. We can assist you in making this determination or writing to asset-holders to request that the need for a grant be dispensed with.
A will can be challenged on the basis that it leaves inadequate provision for a spouse, child or someone that had a close relationship with the deceased (e.g. a dependant). If you want to challenge a will, you have 12 months from the date of the will-maker’s death to do so. A will is challenged by filing an Application for a Family Provision Order accompanied by a detailed affidavit setting out the circumstances of your claim in the Supreme Court of NSW.
We can help you determine what you are entitled to and can guide you through the uncertainty of a potential estate dispute.
We recommend that you contact us to have a chat. We understand that dealing with a loved one’s estate after they pass can be really difficult and the procedural requirements can feel overwhelming. At Harriss Jones Lawyers, we know that each estate and its circumstances is unique.
We pride ourselves on providing patient and compassionate advice to assist through this difficult period in your life.
In NSW, the fees for probate are set by the Supreme Court on a sliding scale. This means that the cost will depend on the value of the estate, and the fee you can expect will be the same across the profession.
At Harriss Jones lawyers, we will provide you with an estimate for the cost of our professional fees and the Supreme Court’s fees at the outset, so there are no nasty surprises for you as the process goes on. The fee may differ depending on whether you need to apply for Probate, Letters of Administration or simply require assistance lodging a notice of death and transferring property.
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What Our Clients Have Said…