NSW probate solicitors for Sydney estates
When a person dies, the executor or administrator of their estate must often obtain a formal grant from the NSW Supreme Court's Probate Registry before dealing with the deceased's assets. Julia Clarke Solicitor assists executors and administrators across Sydney and metropolitan NSW with the entire probate process.
Probate applications are prepared and filed in the NSW Supreme Court in Sydney regardless of where the deceased lived or where their assets are located. We prepare all documents, file the application in the Probate Registry, and attend to the grant on your behalf. You do not need to attend our office — we communicate by phone, email, and video conference throughout.
Grant of probate
A grant of probate is issued where the deceased left a valid will and the named executor applies to administer the estate. The grant is proof of the executor's authority to deal with the deceased's assets, including real property, bank accounts, share portfolios, and superannuation benefits where the estate is the nominated beneficiary.
We prepare the application for probate, the supporting affidavit, the inventory of assets and liabilities, and the notice of intended application. Sydney estates often involve high-value assets, complex share portfolios, investment properties, and business interests — we have experience navigating these complexities.
Letters of administration
Where the deceased died without a will (intestate), or the named executor is unable or unwilling to act, letters of administration must be sought. The estate is then distributed according to the statutory formula under the Succession Act 2006 (NSW). We advise administrators on their obligations and entitlements under the intestacy rules, including the treatment of blended families and de facto relationships.
Estate administration after the grant
Once the grant is obtained, the executor or administrator must collect the assets, pay debts and liabilities, and distribute the estate to beneficiaries. For Sydney estates this commonly involves coordinating with major financial institutions, dealing with NSW Land Registry Services for real property transfers, and managing Capital Gains Tax implications with the estate's accountant.
Complex and contested Sydney estates
We advise on contested wills, family provision applications by disappointed beneficiaries under the Succession Act 2006 (NSW), lost or informal wills, and executor disputes. Sydney estates frequently attract family provision claims given the significant asset values involved. We provide frank advice on the prospects of such claims and can refer you to specialist equity counsel where litigation is required.