PROBATE & ESTATE ADMINISTRATION IN NSW
Navigating the probate and estate administration process can be complex and emotionally challenging. At Gamble Law & Estate Planning, we provide expert guidance to help you manage the legal requirements efficiently and with compassion.
Whether you are an executor, beneficiary, or family member, we are here to ensure that the process is as smooth and stress-free as possible.
Probate & Letters of Administration
When someone passes away with a valid will, the executor will apply for a grant of probate to ensure the estate is administered according to the will. However, if there is no will or the executor is unable to act, you may need to apply for Letters of Administration. This legal document allows a person (usually a family member) to administer the estate in accordance with the laws of intestacy.
Whether you’re dealing with a will or intestacy, our team will guide you through the process of obtaining either probate or letters of administration.
Read our article, Understanding the Probate Process in New South Wales for further information.
Firstly, the executor(s) must advertise their intention to apply for a grant of Probate with the Supreme Court of NSW Online Registry.
Relevant enquiries are then undertaken to ascertain the nature and value of the deceased’s person’s estate. An ‘estate’ may consist of bank or investment accounts, shares, real property, motor vehicles and even digital assets.
It is important that the Probate application separates those assets which are considered ‘estate’ assets and those assets that are ‘non-estate’ assets. Non-estate assets include property held jointly (including bank accounts or real property), as well as superannuation which, may, or may not, be included as an asset of the estate.
An affidavit is prepared on behalf of the executor(s) which confirms the will as the last will of the deceased, evidences the death of the deceased as well as discloses the assets of the estate. The application, along with the appropriate filing fee, is then sent to the court for assessment.
Once probate of the Will has been granted the executor(s) may deal with the assets of the estate in accordance with the Will. It is important to note that the executor(s) must wait six (6) months from the date of death of the deceased person, as well as advertise their intention to distribute the estate, prior to distributing and finalising an estate.
Whilst each estate will vary in complexity there is a general rule that the executor(s) should finalise estate administration within 12 months from the date of death.
If an application for a grant of Probate is not brought within six months from the date of death the court expects the executor(s) to swear or affirm an affidavit setting out some reasons for the delay.
In certain cases, persons may challenge the validity of a Will on the grounds of testamentary capacity, knowledge and approval, undue influence or fraud.
These types of hearings are often referred to as contested probate applications.
The majority of Probate applications are granted in “common form”. These types of grants are made by a Registrar (a senior court officer) and are dealt with in the absence of the Parties.
A grant of Probate in “solemn form” is made by a Judge in contested Probate proceedings. Parties would attend a formal court hearing contesting why or why not they believe the will to be the last will of the deceased person.
Estate Administration
Once probate or letters of administration are granted, estate administration begins. This includes managing the deceased’s assets, paying debts, and distributing the estate to beneficiaries. Our services cover all aspects of estate administration, from asset identification and liquidation to final distribution. We also provide advice on dealing with claims against the estate or potential challenges to the will.
Let Gamble Law & Estate Planning guide you through the probate and estate administration process, ensuring that the wishes of your loved one are honoured and legal obligations are met. Contact us today to get started.
| Who | Entitlement |
|---|---|
| Spouse | Whole Estate |
| Spouse and Children of Spouse | Spouse Whole Estate |
| Spouse and children of different spouse | Spouse receives a “statutory legacy” plus a one half share of the rest and residue. Children of the former relationship the remaining half share of the rest and residue. |
| Children and no spouse | Children in equal shares |
| No spouse, no children | Parents in equal shares |
| No spouse, no children, no parents | Siblings in equal shares and then the sibling’s children if sibling has predeceased |
| No spouse, no children, no parents, no siblings | Grandparents in equal shares |
| No spouse, no children, no parents, no siblings, no grandparents | Aunts and uncles in equal shares, then to their children |
| No spouse, no children, no parents, no siblings, no grandparents, no aunts or uncles, or cousins | Bona vacantia – the state will be entitled |
An application for Letters of Administration is generally costlier and more time consuming than an application for Probate. This is because the court needs to be satisfied that the correct persons are benefiting from the intestate estate meaning more detailed evidence is required.
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Meet the Team
Andrew Gamble
Partner
Experience
Andrew is a Partner at Gamble Law and has worked in the firm for over 10 years.
Andrew is a passionate wills, estates and property lawyer and has wide-ranging experience in all areas of estate litigation including family provision claims, probate disputes and disputes concerning trusts.
Andrew also has expertise in complex wills and estate planning, conveyancing and property law.
Andrew takes great pride in assisting his clients in a wide range of areas.
Area of Expertise
- Estate Litigation
- Complex Wills
- Probate &
- Letters of Administration
- Conveyancing and Property Transactions
- Probate
- Powers of Attorney and Enduring Guardianships
Qualifications
- Bachelor of Laws, University of Wollongong
- Bachelor of Commerce, University of Wollongong
- Master of Applied Law in Wills and Estates, College of Law
- Trust and Estate Practitioner (Member of STEP)
Outside of work Andrew likes keeping fit by running and surfing as well as spending time with his fiancé Mia.
Jack Adams
Solicitor
Experience
Jack was born and raised in the Illawarra graduating from the University of Wollongong in December 2019 with a Bachelor of Laws and Commerce (Finance). Jack completed his Practical Legal training at the College of Law and was admitted as a lawyer of the Supreme Court of New South Wales in May 2020. Jack joined Gamble Law & Estate planning as a Solicitor in October 2022.
Jack predominately practices in the areas of Wills and Estates, Conveyancing and Property Transactions and Family Law. In the area of Wills and Estates, Jack provides advice to clients who need guidance with estate planning, estate disputes and estate administration. In the area of Family Law, Jack has experience in both property and parenting matters.
Jack prides himself on being approachable, empathetic, and caring, during what can be a very stressful time for clients.
Outside of work Jack enjoys his sport, playing hockey and tennis locally. He is a keen follower of the Canterbury Bulldogs NRL team.
Area of Expertise
- Estate Planning including Wills, Powers of Attorney and Enduring Guardianships
- Probate
- Estate Disputes
- Conveyancing and Property Transactions
- Family Law
- Business Sales and Purchases
- Commercial Law
Qualifications
- Bachelor of Laws, University of Wollongong
- Bachelor of Commerce (Finance), University of Wollongong
Kristie Pimanovs
Paralegal
Experience
Kristie has been with Gamble Law & Estate Planning since its establishment in 2012 and has over 20 years of experience in legal office.
Kristie assists clients through the administration process of a deceased estate. Her clients benefit from her experience and her calm approach during this difficult time.
Kristie also assists with preparation of complex wills, powers of attorney and appointments of enduring guardian.
Outside of work, Kristie enjoys spending her time at the gym, watching her boys play footy and walking her dog, Bonnie.
Area of Expertise
- Probate
- Estate Planning
- Wills, Powers of Attorney and Enduring Guardianships
Qualifications
- Justice of the Peace
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