Frequently Asked Questions. Succession Law.

Probate is Supreme Court recognition of the last Will of the deceased and the Executors appointed by that Will. You may need a Grant of Probate before you can carry out your obligations as executor. We advise you as to whether you should apply for Probate and help you make the application so you can focus on being with your loved ones.

It is usually the executors named in the Will who apply for Probate. The Court Rules provide for who can apply for Letters of Administration with the Will (and in what order of priority) where none of the named executors can or will apply for Probate. Ask us about this if you are unsure or if the Will of a loved one names executors who can’t or won’t administer the estate.

When someone dies intestate (without a valid Will) the administration of the deceased ’s estate cannot begin until someone obtains Letters of Administration of the estate. The Court Rules provide for who can apply for Letters of Administration (and in what order of priority). We can help you apply for Letters of Administration if a loved one has died without making a Will.

While legally you can write your own Will, you've spent your whole life building your wealth, so it's important to craft an estate plan to ensure it's passed onto the next generation in the most effective manner – not leaving anything to chance or misinterpretation. When you engage us to write your Will, we work closely with you, your accountants, financial planners, or any other trusted advisers, to understand your situation and the needs of your beneficiaries. With a clear picture of your needs, we determine the best way of passing your wealth onto your loved ones through an estate planning strategy. Once written, we will hold your documents in safe custody to ensure that your Will is safe and accessible to your loved ones when required.

Your Will comes into effect when you die. An Enduring Power of Attorney applies while you are alive and appoints a trusted person or persons to take care of your financial affairs and make health and personal decisions for you in the event that you lose capacity and can’t make those decisions for yourself.

An Advance Health Directive is a legal document that sets out your decisions in writing about future health treatment, to prepare for a time when you do not have capacity to do so. It can be made at the same time as your other estate planning documents.

Actually, no. Many people don't realise that your superannuation is held in trust for you by your super fund trustee. You don't directly own your super account; therefore, it doesn't automatically form part of your estate. The trustee of your super fund is ultimately responsible for deciding where to pay your superannuation death benefit when you die. You can provide different types of death benefit nominations to your super fund to detail where you would like them to pay your super death benefit. We help you understand the difference between the death benefit nominations, and help you put the right one in place. It is essential to review your death benefit nominations periodically to make sure the right people are listed as your beneficiaries, and to ensure a nomination remains in place.

There are quite a number of steps involved in managing deceased estates. We help clients to manage deceased estates, so they can take some space to go through the grieving process without the added stress of fulfilling the legal requirements. We will assist with obtaining a death certificate, checking the validity of the Will, preparing an application for a grant of probate and any other legal requirements.

Testamentary trusts are set up within a Will as a way to provide greater control and flexibility to your executors and beneficiaries regarding the distribution of an Estate and income on inheritances. If you’d like to view our handy guide on testamentary trust wills, you can download it here

If a person dies without a valid will (intestate), their next of kin will need to obtain a grant of letters of administration to act as administrator (different name but same job as executor) of the estate. Letters of administration show that the court is satisfied that the person named in the grant is authorised to administer the estate. The court rules specify the priority order for a grant –

(a) the deceased’s surviving spouse; (b) the deceased’s children; (c) the deceased’s grandchildren or great-grandchildren; (d) the deceased’s parent or parents; (e) the deceased’s brothers and sisters; (f) the children of deceased brothers and sisters of the deceased; (g) the deceased’s grandparent or grandparents; (h) the deceased’s uncles and aunts; (i) the deceased’s first cousins; and (j) anyone else the court may appoint.

If a person dies with a valid will but there are no executors named in the will or there are no named executors who can or will act as executor, their next of kin will need to obtain a grant of letters of administration to act as administrator (different name but same job as executor) of the estate. Letters of administration show that the court has examined the relevant documents and is satisfied that the person named in the grant is authorised to administer the estate. The court rules specify the priority order for a grant.