Tony Ryan
Solicitor Director
LL.B., M.Comm.Law,
M.App.Law (Wills & Estates),
B.Sc., Grad.Dip.Ed.
Probate Lawyers
Central Coast
Our team understands how hard it is dealing with a deceased estate. When you have just lost someone very close to you, the last thing you need is having to sort through mountains of paperwork and legal jargon.
At Ryan & Seton Lawyers, we’re by your side, and you’ll never feel like you’re going it alone. Our specialist team understands, explains, supports and guides you every step of the way.
The Probate Process
The process of applying for probate can be stressful and lead to legal issues if proper care and due diligence are not taken. With Ryan & Seton probate lawyers, we take care of all the legal concerns, so you can focus on what really matters.
Our team will assist you in applying for Probate, and support you through the entire process. Our Probate solicitors are also experienced in defending or disputing a Will, so if the need arises we’ll be on hand to assist to make sure your best interests are met.
Probate And Deceased Estate Management
If you are named in someone’s Will as an executor, you may have to apply for probate. This is a legal document giving you the authority to share out the estate of the person who has died according to the instructions in the Will. Probate makes sure a deceased person’s debts are paid and assets are allocated to the correct beneficiaries.
If a deceased person does not have a Will, validation of their estate and benefactors is not done with a Grant of Probate, but with a similar document known as Letters of Administration.
Contact An Award-Winning Central Coast Law Firm
Ryan & Seton's Probate Specialists
Ryan & Seton Probate Lawyers Can help With
Before
- Applying for Probate of the Will in the Supreme Court
- Applying for letters of administration (if the Will is deemed invalid or is absent)
- Advising executors and trustees in relation to their duties and rights
- Notifying government bodies including Centrelink and Veterans Affairs
- Identifying estate assets and liabilities and obtaining valuations
During
- Interpreting the Will of the deceased in terms of estate laws
- Family mediation and negotiation
- Contesting wills and defending estate litigation in the Supreme Court
- Advising in regard to family and testamentary trusts
- Dealing with intestacy (if there is no Will)
After
- Collecting estate financial assets and paying estate debts
- Distributing bequests and inheritances to beneficiaries
- Selling or transferring estate property including estate auctions
- Administering trust funds
- Organising information for tax estate returns
- Interpreting the Will of the deceased in terms of estate laws
- Advising executors and trustees in relation to their duties and rights
- Notifying government bodies including Centrelink and Veterans Affairs
- Applying for Probate of the Will in the Supreme Court
- Applying for letters of administration (if the Will is deemed invalid or is absent)
- Identifying estate assets and liabilities and obtaining valuations
- Collecting estate financial assets and paying estate debts
- Distributing bequests and inheritances to beneficiaries
- Selling or transferring estate property including estate auctions
- Family mediation and negotiation
- Contesting wills and defending estate litigation in the Supreme Court
- Advising in regard to family and testamentary trusts
- Dealing with intestacy (if there is no Will)
Why Choose Ryan & Seton Law
Progressive Advice
Our experienced lawyers know how the legal system works for you and we stay informed and skilled on the latest developments in the industry. This means better outcomes for you.
Personal Approach
Our compassionate and professional team gets to know you and your situation - we support and guide you through the challenging time of dealing with a deceased estate.
Proven Results
98% of our cases are settled outside of court, meaning you can achieve success as quickly and efficiently as possible, without the added time, stress and expense of going to court.
Probate Law FAQs
No Will was left - what happens now?
When the deceased party has no recorded Will, this is referred to as “Intestate”.
Intestacy laws are different for each state, but in NSW how a deceased estate is distributed depends on what family members the deceased has left.
Children, spouses, siblings, and parents can all influence how the estate is divided.
The law in this area is complex. It is recommended that you speak to a deceased estate solicitor.
What happens if there is no appointed Executor?
The Will fails and cannot be admitted to probate. In that event, the next appropriate persons can apply for Letters of Administration with the Will annexed.
There is usually some complexity with that application, both in the form of the application as well as who or whom should apply to be administrator/s of the estate.
When should Probate be applied for?
Under rule 78.16 of the Supreme Court Rules 1970 (NSW), if an executor has not filed for a grant of probate within six months from the date of death then the executor must file an affidavit explaining the delay.
How long will it take to get the Grant of Probate?
Executors are required to wait at least two weeks before submitting the application for Letters of Administration.
Once the application is submitted, it will typically takes two to six weeks before the Grant is issued.
Can the Power of Attorney apply for Probate?
No, the POA can only apply for Probate if they have also been named as an Executor.
If they are not named as an Executor, the POA does not have any power in obtaining probate or estate administration.
Probate Law Articles
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laura mcguire
Thanked forever grateful ....
andrew kingsley
I can not envision a better outcone to a traffic matter that i had Timothy Bowring handle for me at wyong court yesterday. Above and beyond all expectations, i highly recommend Ryan & Seton Lawyers, particularly Timothy Bowring.
Cliff Bradley
Very professional people
Christine Briggs
Ryan & Seton have provided both my will preparation & conveyancing services. Their personal & professional approach particularly during the purchase of a property this year during the uncertainty of Covid was just fantastic. I highly recommend them.
