Probate, Wills & Estate Litigation

Probate Lawyers

Probate is the legal process of proving and registering the last Will of a deceased person in the Supreme Court of New South Wales. When a person dies, somebody has to deal with the deceased's estate. This is precisely why a will is important as it appoints a person as the executor of the will, who will deal with the distribution of the estate.

The executor of the will requires the grant of probate to call in all assets, pay off debts and distribute the net assets to beneficiaries named in the will.

With the grant of probate, the executor could provide proof to institutions such as banks that he or she is the authorised person to administer the deceased's will so that assets can be released.

We can quickly help you to apply for grant of probate once we have the original will and original death certificate to accompany your probate application. This application must be made at the Supreme Court of New South Wales.

If the deceased has not left a will, any person who is entitled to a share of the estate can apply for Letters of Administration. This way, the deceased's estate is administered under the law relating to intestacy.

If you need advice regarding Probate or Letters of Administration, speak to us today.

Is Probate necessary?

In most cases, a probate is required. If the estate is worth less than $15,000, probate may not be necessary. We can advise if you require probate in your particular situation.

What will it cost me?

We charge you according to a Scale of Fees which is set out in Legal Profession Regulation 2005, sch. 4.

Part 1 - Obtaining first time grant or the resealing of probate

Disclosed value of assets Costs payable
Not exceeding $30,000 $560
Plus $13.33 for each $1,000 up to $30,000
Exceeding $30,000 but not exceeding $150,000 $960
Plus $5.90 for each $1,000 in excess of $30,000
Exceeding $150,000 but not exceeding $1,000,000 $1,670
Plus $4.47 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but not exceeding $3,000,000 $5,470
Plus $1.66 for each $1,000 in excess of $1,000,000
Exceeding $3,000,000 but not exceeding $5,000,000 $8,800
Plus $1.10 for each $1,000 in excess of $3,000,000
Exceeding $5,000,000 but not exceeding $10,000,000 $11,000
Plus $0.90 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000 $15,500

Part 2 - Obtaining of any grant or resealing of probate after the first, up to and including the uplifting of the probate so granted or resealed

Value of assets remaining at the time of application Costs payable
Not exceeding $30,000 $460
Plus $10.83 for each $1,000 up to $30,000
Exceeding $30,000 but not exceeding $150,000 $785
Plus $4.88 for each $1,000 in excess of $30,000
Exceeding $150,000 but not exceeding $1,000,000 $1,370
Plus $3.65 for each $1,000 in excess of $150,000
Exceeding $1,000,000 but not exceeding $3,000,000 $4,480
Plus $1.37 for each $1,000 in excess of $1,000,000
Exceeding $3,000,000 but not exceeding $5,000,000 $7,230
Plus $0.91 for each $1,000 in excess of $3,000,000
Exceeding $5,000,000 but not exceeding $10,000,000 $9,060
Plus $0.72 for each $1,000 in excess of $5,000,000
Exceeding $10,000,000 $12,685

If you require us to administer the estate after probate is granted, we charge an hourly rate for the work required.

  • What is a Grant of Probate or Grant of Administration?

    When a person dies, the deceased has left a set of instructions in a will which details what will happen to the deceased's estate after death. Wills generally appoint a person as the executor of the will, who will administer the estate. This involves making sure the assets are looked after or distributed to the beneficiaries. It also involves paying off the estate's debts.

    In most cases, the executor needs to obtain a grant of probate from the court. A grant of probate is like a court order confirms the validity of the will and allows the executor to administer the deceased's estate.

    We can help you to apply for grant of probate by making sure you have all the necessary documents to accompany your application.

    If the deceased has not left a will, any person who is entitled to a share of the estate can apply for Letters of Administration. This way, the deceased's estate is administered under the law relating to intestacy.

  • Is Probate Necessary?

    If the estate is worth less than $15,000, probate may not be necessary.

  • What will it cost me?

    Our professional costs for legal work done up to and including the grant of probate are regulated according to a Scale of Fees which is set out in Legal Profession Regulation 2005 - Schedule 4.

    Further legal costs will only be incurred if you require us to perform work in the administration of the estate, after the grant of probate is obtained.

Wills

Estate Litigation

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MGL Won Us the Amount We Deserved

What will my lawyers do to help me make a claim?

At the initial interview, we will be able to advise you whether you are entitled to bring a claim against the estate. Once we receive formal instructions, we will commence family provision proceedings by way of summons in the Supreme Court of New South Wales.

At the time of filing the summons, you will be allocated a directions hearing date where certain court orders will be made to allow the matter to be heard.

What steps do you take?

Once we receive your instructions, we will take the following steps to reach an early resolution. We will have your case heard in Court if it cannot be resolved through mediation.

1. Call us

If you believe you have a claim, you must contact us as soon as possible. We offer an initial free consultation.

2. Initial Free Assessment

When we meet, we will interview you in order to assess whether you are eligible to bring a claim against the estate. Our friendly lawyers will be able to answer any questions you might have.

3. Notification of claim

We will notify the executors of estates if we believe you have prospect of success in making a claim.

4. Gathering evidence

We will gather evidence to support your claim before making an offer. If we can resolve the dispute privately, there is no need to consider court proceedings.

5. Initiate court proceedings

If we cannot resolve your claim privately, we will recommend you to initiate court proceedings by way of summons in the Supreme Court of New South Wales. Once we have commenced court proceedings, the Court will list your matter for directions hearing where certain matters must be attended in accordance to a timetable.
You are not required to attend court until the day of hearing.

6. Costs

If you are successful in your claim, your legal costs will usually be paid out of the estate.

Do I need to go to Court?

It may be necessary to go to Court if the dispute cannot be resolved at mediation.

To prepare your case thoroughly, we will also engage barristers who are expert in estate litigation to advise and appear in mediations or court hearing.

What will it cost me?

It will depend on many factors such as the length, complexity and nature of proceedings. We act on a ‘No Win No Fee’ policy and we will only be paid upon successful completion of your case. If you are successful, your costs are usually paid out of the estate. If you are unsuccessful, you may be liable for your own costs. There is always risk in litigation but we will minimise the risk by assessing the merit of your claim right from the start. This will give you greater confidence when making a claim.

Don’t do the guess work. Speak to us if you have any question.