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Probate in Hurstville, Australia, is the legal process that confirms and validates the last will and testament of a deceased individual. This allows the executor named in the will to distribute the deceased's property and assets according to their wishes. Probate laws are governed by the New South Wales Supreme Court in Australia, and it is critical to understand the legal procedures involved.
In some cases, dealing with probate might seem straightforward, but there are situations when it would be wise to consult a lawyer. These can include when the will is contested, if the deceased did not leave a valid will (known as dying intestate), if there are complex assets such as trusts or businesses, or if there's substantial debt that could outstrip property value. In these instances, probate law can become complicated, and a skilled lawyer can help navigate the process successfully.
Local laws in Hurstville are consistent with the broader New South Wales laws for probate. A formal grant of probate is required if the deceased's assets held in New South Wales exceed a threshold value. As of 2021, this threshold is frequently AUD $50,000. However, this value can change, so contacting the appropriate institution for each asset is recommended. The executor must advertise their intention to apply for Probate before doing so which allows interested parties an opportunity to object.
What happens if there isn't a will? If an individual dies without a valid will, they are said to have died intestate. In these cases, the distribution of the deceased's assets will follow regulations set by the Succession Act 2006 (NSW).
Can probate be contested? Yes, probate can be contested, usually by a family member or a beneficiary who believes the will is unfair or invalid.
Is probate always necessary? No, probate is not always necessary. If the deceased's assets are all jointly owned, probate is usually not required.
How long does probate take? Probate may take up to three months from filing of the Probate application, but can take longer if issues arise.
What are the duties of the executor? The executor is responsible for managing, valuing, and distributing the assets, paying debts and, if necessary, finalising taxes of the deceased.
The NSW Trustee & Guardian and the Law Society of NSW are excellent sources for more information about probate. They provide guidelines, checklists, and further resources that may be useful.
If you need legal assistance in Probate, it is recommended that you consult with a legal professional who specializes in probate in your area. Compile a list of all the deceased's assets, liabilities, and legal documents such as the last will and testament. Finally, prepare your questions and organise a consultation with your chosen probate lawyer.
