When you are given the responsibility as executor under a deceased person’s will, you want to know that your lawyer is both experienced and compassionate in dealing with the estate and the beneficiaries.
At The Law Office of Conrad Curry we have over 20 years experience in Probate applications in the Supreme Court.
Probate is a Latin word which means ‘to prove’.
The word is used in our legal system to refer to the formal proof of a document as the valid last Will and Testament of a deceased person in the Supreme Court of New South Wales (‘the Court’) and the formal appointment of the executor/s named under the Will as the personal legal representative of the deceased person’s estate.
A grant of probate by the Court is a paper document endorsed with the Court’s seal issued to the executor/s formally authorising them to administer the estate in accordance with terms of the Will. Importantly, (with the exception of payment of the funeral account) an executor is not authorised to deal with the estate until they are granted and uplift the original grant of Probate. There are some limited exceptions.
Administration of the estate is the carrying out of the deceased’s wishes in respect of the disposal and distribution of their estate and attending to all of the deceased’s remaining legal obligations. This will include paying estate liabilities and debts and lodging taxation returns, transferring (or transmitting) specific assets to named beneficiaries and/or calling in all monies, converting assets to money, and distributing the estate to beneficiaries under the Will.
There are very strict formal requirements associated with making an application for a grant of probate, including publishing a notice of intention on the part of the executor to apply for a grant, making requisite searches and enquires to ascertain the estate assets and liabilities, obtaining the death certificate to prove the deceased’s death, preparing the application to the Court (known as a ‘summon’) together with the formal evidence supporting the application (in the form of an affidavit of executor), submitting the application and answering any questions the Court may have in respect of the application (‘requisitions’).
The role of executor/trustee is very important and significant at law. Executors/trustees have trust (fiduciary) obligations not only to the deceased but to beneficiaries of the estate. A breach of those obligations may expose the executor to civil and criminal action. That is why it is so important that you retain a solicitor with vast experience in estate law.
Our services include:
• Interpretation and advice in relation to the meaning of the Will
• Advice in relation to appropriate searches and enquiries into the assets and liabilities of the estate
• Corresponding with named beneficiaries
• Publishing requisite notices
• Preparing the application and all evidence in support to the Supreme Court
• Answering all Court requisitions and preparation of all additional evidence as necessary
• Uplifting the original grant
• Attending to administration
• Defending and resolving any claims on the estate by creditors or claimants for family provision orders
• Filing accounts with the Court where necessary to do so
• Assisting with claims for commission for the executor’s efforts where necessary
The roles of executor and trustee are very important roles carrying a great level of responsibility, with significant consequences if they are not carried out properly. You need an experienced lawyer to assist you in the role and take away the worry and burden the role can bring. Call the Law Office of Conrad Curry for an obligation free discussion on 02 4050 0330 or book online.