The passing away of a loved one is always a difficult time in our lives. What can make the situation more challenging is determining whether your loved one had a Will in place and all the surrounding technicalities of Wills and Probate NSW.
You have may have a lot of questions about Wills and Probate which are leaving you confused and unsure of what you may have to do as a beneficiary or executor of an estate.
The purpose of this article is to make your life a little bit easier and provide you with the guidance you need to get through this!
What Are The Rights Of a Beneficiary Of a Will In NSW?
When it comes to Wills and Probate in NSW, you may be wondering what your rights are as a beneficiary of a Will.
In NSW, a Beneficiary of a Will has the following rights and entitlements:
- To receive a copy of the Will at their request, even before a Grant of Probate has been issued;
- To be advised of what they are entitled to and when you will receive it;
- To receive their entitlement with accordance to the Will of the deceased within 12 months of their passing;
- To be notified of any Grant of Probate;
- To be informed of any outstanding taxes, debts and liabilities against the estate;
- To be informed of any legal proceedings against the estate or challenges to the Will;
- To be told if a deceased person had a Will in place which mentions them in any way;
- To receive a statement of distribution that outlines your entitlement and how it was determined;
- To remove an executor of the estate if they have passed away, lost capacity, there is a conflict of interest of they are considered unfit to continue their role; and
- To be informed as an executor administers the estate. This includes being informed of any delays in the estate’s distribution.
How Do You Find The Will Of a Deceased Person In NSW?
A Fundamental part of Wills and Probate in NSW is finding a deceased person’s Will in NSW. Unfortunately, such a matter is not general knowledge, and you may have to dig around to find information regarding the Will of your loved one.
The easiest way to find the Will of your loved one in NSW is to search online for their details on the NSW Supreme Court Online Registry.
Another way to do this is to contact the NSW Supreme Court Registry directly via telephone and request a copy of the Will be shipped to you. You can contact the NSW Supreme Court Registry on 1300 679 272.
The final method to finding the Will of a deceased person in NSW is to contact the estate’s executor and ask them to send you a copy of the Will. As a beneficiary of a Will, the executor must provide you with a copy of the Will if you request it. Assuming you do not know who the executor is, you can contact someone else who you may think has a copy of the Will and request it from them.
How Are Wills And Probate NSW Related?
A Grant OF Probate in NSW is a legal document granted by the Court to allow an executor of an estate manage a deceased estate following the wishes of the deceased outlined in their Will.
The wishes of a Will-maker must be carried out within a specific period of time following their passing. Accordingly, a Grant of Probate makes this possible by authorising the executor to do just that.
When it comes to Wills and Probate NSW, a Grant of Probate in NSW is a Court order which contains the following:
- It confirms that the person who made the Will has passed away;
- It demonstrates the Will is legally valid; and
- It includes the authority of the executor to carry out the terms of the Will.
How Do You Apply For A Grant Of Probate In NSW?
To apply for a Grant of Probate, you must be an executor of an estate.
Alternatively, if the executor of the estate has passed away, then any principal beneficiary may apply. This can be done through a different process known as ‘Letters of Administration with the Will annexed’.
Assuming you are an executor of the estate, the first thing you do is publicly publish your intention to apply for a Grant of Probate on the NSW online registry. After 14 days has elapsed, you may then directly apply to the Probate Division of the Supreme Court Office for a Grant of Probate.
It is essential to be aware that the time limit to make your application is within six months of the deceased’s passing.
Importance of Seeking Legal Advice
When discussing matters such as Wills and Probate in NSW, it is vital to keep in mind the appropriate time limits and to be aware of your rights as a beneficiary. If you have any questions, please do not hesitate to reach out.
Here at JB Solicitors, we’ll make the process as pain-free as possible. We have fixed-fee pricing for family law, giving you a clear sense of the costs from the start, and we will be sure to help you out every step of the way.
With years of experience under our belt, we pride ourselves on making each client’s family law experience as positive as possible.
Contact JB Solicitors today to speak with one of our friendly and experienced family lawyers.
Suppose you have any more questions regarding Wills and Probate NSW, or any other family law matters.
In that case, you should head over to our blog section for more informative articles on a wide range of family law topics.
Alternatively, here are some of our newest articles linked below:
For more informative family law content, please check out our YouTube page.
Alternatively, here are some educational videos linked below, which are on matters that you may find interesting and helpful