Estate Administration
Losing someone you love is never easy. Compassion, empathy and care are all required so that you feel valued and understood at the most difficult time.
We understand that losing a loved one is a difficult and emotional time. Our hearts go out to you and your family. If you are on this page because someone you love has passed away, please accept our condolences. We hope you are doing as well as you can under the circumstances.
As a trusted Wollongong lawyer, we specialise in estate administration, which is the legal transfer of a deceased person's assets to the legal personal representative, who then distributes them to the intended beneficiaries. We are here to help you ensure that the estate is distributed in accordance with the deceased's wishes, whether there is a will in place or not.
During this challenging time, we will gather all the necessary information about the deceased's assets and debts, including any outstanding taxes, funeral expenses, and legal bills. We will also collect information about the deceased's family and apply to the court for the relevant grant - either Probate if there is a will, or Letters of Administration if there isn't.
Our priority is to achieve a timely outcome for you and your family. We understand the importance of working efficiently and guiding you through the stages of administration, so you don't have to worry about any unnecessary delays.
At our law firm, we have a wealth of experience in handling estate administration matters with empathy and compassion. We understand the legal process can be overwhelming, which is why we will always take the time to explain everything to you in plain language and answer any questions you may have.
We are here to help you navigate through the complexities of estate administration and ensure that the wishes of your loved one are respected. So, if you need a Wollongong lawyer to help with estate administration, please do not hesitate to contact us. We are here to help you during this difficult time.
Probate…
If you've recently lost a loved one and are named as an executor or trustee in their will, you may need to go through the legal process of probate to ensure that their final wishes are carried out according to their will.
Probate involves making an application to the Supreme Court of New South Wales to prove the last will of the deceased. The will itself contains crucial information, such as the identity of the executor or trustees, as well as the beneficiaries and their respective entitlements. The process of probate involves obtaining a grant, collecting the assets, paying debts (including any tax owed), and finally distributing the estate to the intended beneficiaries.
Letters of Administration…
When a loved one passes away, dealing with their estate can be a complex and emotional process. Letters of Administration is a legal procedure that appoints someone as the administrator of a deceased person's estate. It is typically applied for in two scenarios:
When someone dies without a will (known as dying "intestate"), and there is no executor appointed to manage their estate.
When there is a will, but there is no executor available to act due to reasons such as errors, death, dementia, or unwillingness to act.
The process of obtaining Letters of Administration can be more complicated than obtaining Probate, as there are more legal requirements that need to be met in order to distribute the estate. This can include providing evidence of kinship and obtaining surety bonds.
If someone dies without a will, the government has legislated who the beneficiaries will be. This can result in unintended consequences,
“Our dead are never dead to us, until we have forgotten them.”