Deceased Estate Administration
At Osborne Legal we understand that dealing with a deceased estate is one of the more difficult challenges in life.
From mountains of paperwork to legal jargon and simmering family disputes, they are the last things you want to deal with when you are grieving the loss of someone important in your life.
So, let us help you by:
- Interpreting the Will of the deceased in terms of estate laws
- Advising executors and trustees about their duties and rights
- Informing government bodies including Centrelink and Veterans Affairs
- Applying for Probate of the Will in the Supreme Court
- Dealing with intestacy (where there is no Will)
- Applying for Letters of Administration (if the Will is deemed invalid or is absent)
- Identifying estate assets and liabilities
- Obtaining valuations of estate property
- Collecting estate financial assets including superannuation, bank funds, shares, outstanding loans, and insurance payouts
- Selling or transferring estate property including estate auctions
- Paying estate debts including mortgages, funeral costs, and testamentary expenses
- Advising in regard to family and testamentary trusts
- Administering trust funds
- Distributing bequests and inheritances to beneficiaries
- Organising information for estate tax returns
- Family mediation and negotiation
- Contesting wills and defending estate litigation in the Supreme Court
Learn More About How We Can Help
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Applications for Probate
When a person passes away, their personal and financial affairs need to be managed and finalised. If the deceased has a valid Will, this process requires Probate.
Probate is the process of proving and registering the last Will of a deceased person in the Supreme Court of NSW. When granted, it authorises the Executor named in the Will to manage and deal with the estate in accordance with the wishes of the deceased.
The process of obtaining a Grant of Probate can be straightforward, or it can be challenging. The team at Osborne Legal can guide you through this process with skill and expertise.
Letters of Administration
Unfortunately, sometimes people pass away before they have had a chance to make a valid Will, their Will cannot be located, or it is invalid. To finalise the deceased person’s affairs, someone (usually the person with an interest in the Estate) will need to apply to the Supreme Court of NSW for Letters of Administration.
This can be a complex, difficult and expensive task if not managed correctly at the outset and can be hard to navigate alone.
It is vital that you seek legal advice and assistance before starting this process.
If you find yourself in this situation and are unsure of what to do, please reach out to Osborne Legal and we can guide you through it.
Estate Challenges and Litigation
There are two common ways in which a Will is challenged. The first is that the Will is invalid, the second is that the Will does not adequately provide for someone whom the deceased was obliged to provide for.
These claims need to be filed within 12 months of the date of death and are heard in the Supreme Court of NSW. It will be necessary to engage a lawyer to assist you and it should be a lawyer with the expertise to provide you with the right advice.
We represent both Plaintiffs and Defendants in these types of cases, whether you’re making the claim, or defending against it. If this is an issue you are facing, or you simply want more information, please arrange a time to speak to our team.
What Our Clients Say
“Thank you for all your patience and support while working with our family to sort everything out. You must be a very special person to deal with family members during what’s been a particularly difficult time.”
Testator, Estate Client
“Thank you so much for all you have done, in what were very emotive and trying circumstances for many varied reasons. The main one being the sudden passing of both Mum and Dad in such a short time…
You handled the sensitivity of the cases in a caring yet professional manner, for which we will all be eternally grateful
Will have no hesitation in recommending you and Osborne Legal to anyone who may ask in similar circumstances.”
Testator, Estate Client
Do You Need Help Starting This Process?
If you want to know more about our team, you can find out more information by clicking on this link.
If you need our help after the passing of a loved one, you can book an appointment here.
