Probate

Probate is defined as the process whereby in a court of law a will is ‘proved’ as a valid and accepted form of public documentation which represents the final truthful testament of a deceased. Probate matters which involve state residency [or real property] of the deceased at the time of the death but in absence of a legal will may also be settled as by the laws of intestacy.

At Spencer Lawyers we understand that the process of dealing with a loved one’s death may be difficult and emotional and as such we offer both a competent and empathic hand of support to help you through this process and to finalise your loved ones wishes.

What is a deceased estate

A deceased estate includes the property and assets of a person who has passed away. Generally, the deceased estate is held in trust until the transfer of the property and assets to the nominated beneficiaries.

Purpose of a grant of probate

A grant of probate is a legal document that authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased’s will.
Executor duties
In the circumstance where the deceased has left no assets a grant of probate will NOT be made in New South Wales as The Supreme Court of New South Wales will not have the jurisdiction.

Why do you need a grant of probate?

In NSW there is no statutory requirement to obtain probate in every case. For example
  1. Joint tenants and tenants in common
However, depending on the type, size and values of the assets located in New South Wales it may be necessary to obtain a grant of probate.
Timeframe to apply
Application process

The will

Original will
In the circumstance where the original will cannot be found but there is a copy of a will which is believed to be the last will of the deceased then the executor named in the copy will may be able to apply for probate on the copy of the will. However
  1. Searches must be done to locate the original will
  2. A copy of a will is considered a limited grant of probate
This content is intended to provide a general guide to the subject matter. Specialist advice from our Legal team should be sought about your specific circumstances. Please do not hesitate to contact us: