Probate & Estate Lawyers in the Windsor and Hawkesbury Area

Looking for Probate & Estate Planning Lawyers in The Windsor and Hawkesbury?

It is extremely stressful when a loved one dies; administering the estate can be overwhelming. We have the experience and compassion to guide you through this process and help you feel supported every step of the way, understanding that this is a difficult time for you and your family.

If a person has a will, the process of administering the estate is called probate; if there is no will, or it cannot be found, the process is Letters of Administration. We aim to clarify these steps to ease your concerns. Should no will be able to be located, the deceased is deemed to have died “intestate”; in this case, assets are distributed in the following order:

1. Spouse or de facto spouse
2. Children
3. Parents
4. Brothers and Sisters
5. Grandparents

Typically, the Executor of the will is responsible for administering the estate. The Executor’s duties involve, but are not limited to, applying for Probate, Collecting the assets and distributing the assets in accordance with the Will/Probate. In most cases, depending on the estate’s value, assets cannot be distributed before a Grant of Probate is obtained from the NSW Supreme Court in Sydney.

Typically, when a person dies, their assets are ‘frozen’ pending probate or Letters of Administration. The executor needs to know that they may be able to approach the deceased’s bank to cover these accounts, including funeral expenses. Creditors usually have to wait until the estate is administered to receive payment, and assets may be handled differently depending on the estate’s circumstances.

In Short:

What do I need to do when a person dies?

1. Firstly, take care of yourself and your family. Dealing with an estate can be a fairly long process that does not need to start immediately.
2. Following the reporting of the death, either to the Police or Medical Professionals, you will need to organise the funeral – remember that you may be able to access the deceased’s money to do this with the assistance of their financial institution.
3. Register the Death with Service NSW – typically, the Funeral Director will attend to this; however, it needs to be completed within 7 days from the date of death. Service NSW will be responsible for issuing the death certificate by post.
4. Notification of Death to Services – The Australian Government runs a program called the Australian Death Notification Service, which links into a number of institutions and major corporations to make this process streamlined.s
5. Start to collect together the financial records, list of assets of the estate, and any relevant documents. Your solicitor will guide you through the necessary paperwork, helping you understand each step involved in the probate process, so you do not feel overwhelmed or alone in this task.

Do we have to apply for Probate?

There is no statutory requirement to obtain probate in every case. There are a number of occasions when particular assets are not included in a person’s estate. They can include:

Property owned in Joint Tenancy 

Joint Tenants is a very common way of owning property in which each ‘owner’ does not own a distinct portion of the property; this is extremely common between husband and wife, for instance.   Where the deceased is a Joint Tenant with another person, probate is not required; the surviving owner needs to speak with a Conveyancer or us to arrange a Notification of Death with NSW Land and Registry Services to become the Sole Owner on title.

Where the Property is owned as Tenants in Common with another person/s, this will require Probate as each person owns a distinct ‘portion’ of the property.

Joint Bank Accounts

In cases where the deceased person shares a bank account with another person, the “right of survivorship” generally applies, and probate is not required to release or transfer funds. This means that, irrespective of the will, the survivor is entitled to the account. The banks will need to be notified of the deceased’s death by one of the account holders, and the deceased’s name will be effectively removed from the account. Please note that this may not happen with mortgages, or it can take some time, which can be distressing.

Shares or Bank Accounts with Low Value

If the remaining shares or bank accounts (held in a sole account) have a small value and there is no other need for probate, the executor should approach the bank, shareholder, or financial institution to release funds to the beneficiaries in accordance with the will. Every financial institution will have different thresholds, typically ranging from $20,000 to $50,000.

Superannuation 

Probate may be required in cases when there is no current and/or valid binding nomination by the deceased person. Funds can also vary greatly in cases where there is a binding nomination to pay the nominee; this can take weeks to months, depending on the fund.

Motor Vehicles

In cases where there is a will and probate is not required, the executor may be able to approach Service NSW and organise the transfer of the vehicle to the executor and/or beneficiary, especially in the case of the beneficiary being the surviving joint operator or next of kin.

Claims on the Estate – Family Provision Claims

A family provision Claim is when an eligible person (spouse, de facto partner, child, or dependant of the deceased) contests the deceased’s will. This tends to occur if a person has been left out of the will, or if a person believes that, at the time the will was made, the deceased did not have the capacity or understanding to make the decisions in the will, and there has been an inadequate provision for the claimant.

Claims must be made within twelve months of the date of death, so it is critical to get legal advice on this issue.

Locals from the Hills and Hawkesbury Districts, we provide services throughout the Windsor / Hawkesbury area and nearby communities. We understand how difficult this time is for you. We bring years of experience to keep the process smooth, and we provide clear information on costs and timelines so you can plan accordingly and avoid unexpected expenses or delays.

Our fees are fixed in accordance with the scaled fees in Schedule 3 of the Legal Profession Uniform Law Application Regulation, which are based on the value of the estate.