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Probate law in Turramurra, is handled by the New South Wales (NSW) Supreme Court. Probate is the legal process that validates a will after the death of an individual and ensures the correct management and disbursement of the deceased's estate according to their will. This may also involve paying off any remaining debts before transferring assets to beneficiaries.
Legal assistance in probate matters is typically required to navigate complex issues pertaining to estate administration. Situations that would benefit from legal help often include, but are not limited to, handling contested wills, assisting in cases where a deceased person has not left a will (intestacy), managing large estates, and dealing with estates that have overseas property, or complex structures, such as trusts and businesses.
Probate law in NSW requires that a deceased estate is probated within 6 months from the date of death, unless there are legal reasons for delay. If the deceased has not left a will, the NSW laws of intestacy apply, which outlines how the estate will be distributed. For instance, if a person dies leaving a spouse and children, the spouse will receive all the personal effects, a statutory legacy, and half of the remaining estate. The children receive the other half.
A valid will in NSW must be written and signed by the person making the will and witnessed by two or more people, neither of whom can be beneficiaries.
Only the executor named in the will may apply for probate. In cases where no will was left or if no executor was named, the court will appoint an administrator, usually the next of kin or a close relative.
Typically, a simple probate application can be finalized within 4-6 weeks from filing. However, this can vary depending on the complexity of the estate.
If the deceased did not leave a will, the estate is termed as intestate. In such cases, the laws of intestacy of NSW will decide how the estate assets are distributed among the closest living relatives.
Yes, you can challenge a will if you are a relative or a dependent of the deceased and if you believe that reasonable financial provision was not made for you. You will have to do this within 12 months of the person's death.
The Supreme Court of NSW Probate Division offers detailed guidelines and forms for managing deceased estates. The Law Society of NSW also has a Solicitor Referral Service for finding experienced lawyers in Probate Law.
If you require legal assistance in handling probate, consider consulting with a lawyer who specializes in probate law in Turramurra. They can help guide you through the complex process, ensuring that all documents are correctly completed and filed on time, making the probate process as smooth as possible.
