Hozack Clisdell Lawyers offers a simple and effective method of planning the administration of your Estate. We can assist you with:
- Drafting & updating Wills including Testamentary Discretionary Trusts
- Estate Planning
- Applying for Probate and Estate Administration
- Defending claims against Wills & Estates
- Letters of Administration (where there is no Will)
- Making Family Provisions Claims against Estates
We always recommend keeping your Will up to date and reviewing it regularly as it makes distributing your Estate far easier on your beneficiaries in what is usually an emotional time on the death of a Testator.
Probate
Hozack Clisdell Lawyers is experienced in helping clients who are appointed Executor under a Will.
The Supreme Court can grant Probate of Wills to authorise Executors to distribute the deceased’s assets in accordance with the provisions of the Will.
Letter of Administration
If you die without leaving a Will or a Will is invalidated, we can assist in the administration of the Estate by applying for Letters of Administration to the Supreme Court of NSW.
In circumstances where there is no Will on the death of a person, the NSW Supreme Court details how an estate is to be distributed and to whom. The Supreme Court appoints an Administrator to administer and distribute the assets of the Estate under Family Provisions Legislation.
Family Provisions Claims
If you expected to be a beneficiary under a Will but have not been adequately provided for, you can make a claim against the Estate under Family Provisions Legislation, provided you are a spouse, partner, child or dependent of the deceased.
You must also be able to clearly establish reasons as to why you should qualify for a greater share of the assets of the deceased Estate.
Small Estates
If an Estate is very small, less than approximately $15,000.00 or where there are jointly held assets, there may be no need to apply for Probate.
However, you may need Probate in any case if assets of the Estate are held by a Bank or Building Society which allows access to the funds only if the Executor has Probate. Arrange a consultation with an experienced solicitor
