Challenge an unfair will

Obtaining Probate

Life insurance is also referred to as death benefits. All Australian super funds have life insurance or death benefits included in their policy. Terms and conditions of these are set out in the Product Disclosure Statement (PDS) when you take out your cover. These are also available on your superannuation insurer’s website. Some government and military super funds pay pensions to surviving partners or children.

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When there is a Will

When a deceased leaves a Will, the person responsible for administering the estate is appointed under the Will and is known as the “executor”. In certain circumstances an executor under the Will, will need to apply to the Supreme Court for a “grant of probate”.

Probate is the process by which a Will is proved to be valid so that the deceased’s property can be distributed to the beneficiaries in accordance with the Will. The Grant of Probate is a document certifying that the Supreme Court recognises that the Will is a valid Will, is the last Will and testament of the deceased and gives the executor’s authority to deal with the estate.

When there is no Will

When a deceased leaves a Will, the person responsible for administering the estate is appointed under the Will and is known as the “executor”. In certain circumstances an executor under the Will, will need to apply to the Supreme Court for a “grant of probate”.

Probate is the process by which a Will is proved to be valid so that the deceased’s property can be distributed to the beneficiaries in accordance with the Will. The Grant of Probate is a document certifying that the Supreme Court recognises that the Will is a valid Will, is the last Will and testament of the deceased and gives the executor’s authority to deal with the estate.

What we do

We can assist you in administering the deceased’s estate, and obtain a grant of Probate or Letters of Administration.

In preparing the Probate application, we will require the original Death Certificate and Will, and any information you may have about the deceased’s estate, including any properties, bank accounts, life policies, shares or other assets owned by the deceased, and liabilities of the deceased. Once we are able to ascertain the assets and liabilities, we will be able to establish the value of the estate.

We will then prepare the formal documents required to apply for Probate.

Last will and testament

How long will it take to obtain Probate

The time frame for obtaining probate from when instructions are received to the date of grant in the event there are no matters that arise that hold up the grant, is about 6-8 weeks.

Administration of Deceased Estates

After Probate or Letters of Administration has been obtained, we notify the beneficiaries of their entitlements under the Will, assist you to collect assets of the estate, pay any debts or expenses, deal with the sale or transfer of any properties or shares, prepare final accounts and make final distribution to the beneficiaries.

The time frame for administration of the estate will vary from estate to estate, but in a small to medium sized estate usually takes about three (3) to four (4) months for most of the administration to take place, if there are no complications or issues that arise.

Call Turner Freeman Will Dispute Lawyers today on 13 43 63 to arrange your free consultation and case assessment. Our offices are in Sydney, Parramatta, Campbelltown, Newcastle, Penrith, Wollongong, and Gloucester.

Find out how the Turner Freeman team can help you

Since 1952 Turner Freeman Lawyers have been fighting to protect the rights of individuals and to make sure they get the compensation they deserve.

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