When a loved one passes, it’s always difficult and emotional time for the family. There’s alot to think about and organise.
When it comes time to deal with all the legal aspects of a loved one’s estate, we can take care of all the details.
Depending on the assets held by the deceased, will depend on whether a Grant of Probate is required or Letters of Administration.
Generally if someone has property in their name solely, a bond from a retirement home or even substantial funds in a bank accounts and have a legal Will, then a Grant of Probate will be required. The Executor appointed under the Will is required by law to administer the estate according to the instructions left in the Will by the deceased.
When a person dies without leaving a Will, this is known as “intestate”. A relative, next of kin or even a family friend needs to obtain a Letters of Administration in order to administer the estate. Legislation in New South Wales determines exactly how the estate is to be divided, and who will be appointed the administrator (usually the next-of-kin). This can be a complex process depending on the circumstances of the deceased and involves particular forms and affidavits.
If you have any questions or need more information please contact our office.