Probate

Probate

When someone dies, it can be a daunting process to be responsible for finalising their affairs and distributing their assets. Whether the estate is simple or complex, we can help you with this process.

If the deceased person left a Will, we can assist the executor with obtaining a Grant of Probate. 

A Grant of Probate is a legal document issued by the Supreme Court authorising the executor to manage the deceased person’s estate. 

It is possible to obtain a Grant of Probate of an ‘informal Will’. An informal Will is a “document” intended by the deceased person to form her or his Will. A handwritten note, email, video recording, voicemail, text message or anything on which there is writing or from which writing can be reproduced can constitute an informal Will.

If the deceased person did not leave a Will, we can assist a family member to obtain a Grant of Letters of Administration. An application for Letters of Administration is usually made by a deceased person’s surviving spouse or children.

We will provide you with detailed advice about the application process, the costs involved, and how to administer the estate once you have obtained a grant.

In some circumstances, it may not be necessary to obtain a grant in relation to the deceased person’s estate. We can advise you if this is the case.

 

Previous Cases

Some of the cases we have previously advised clients in include:

Informal Wills:
  • Obtaining a grant of probate of an informal handwritten Will which was witnessed by one person only
  • Obtaining a grant of probate of an informal Will which was undated and not witnessed by anyone
  • Defending an application for probate of an informal testamentary document: The Estate of Drummond; Drummond v Drummond [2017] NSWSC 856
Construction of a Will: 
  • Bringing an application for judicial advice on behalf of an executor regarding the proper construction of a gift in a Will and upholding her decision to pay the proceeds of an estate to the Garvan Institute of Medical Research: Elizabeth Joan Paulsen as executor of the estate of the late Miriam Lesley Jean Douglass v Northern Sydney Local Health District [2018] NSWSC 1473
Other matters:
  • A grant of probate of a copy of a Will where the deceased person’s original Will could not be located
  • A grant of letters of administration of an estate to an attorney where the sole beneficiary lived overseas
  • A grant of letters of administration with an informal Will annexed where the deceased person died in Bali
Sydney CBD Office

Suite 512, Level 5,
165-167 Phillip Street,
Sydney

Mosman Office

124 Avenue Road,
Mosman

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Legal practitioners employed by McIntyre Legal Pty Ltd are members of the scheme.

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