Probate & Estates

Hozack Clisdell Lawyers is experienced in helping clients who are appointed Executor under a Will.

You may have heard the word ‘Probate’ if you are dealing with banks or superannuation funds. Probate is the process of taking the original will and having it approved and sealed by the Supreme Court of New South Wales. Once Probate is granted the will is then recognised by the asset holders such as the bank, share registry or Land Registry Services as the official last Will of the deceased. This will then mean that as executor you can deal with the assets of the deceased in accordance with the terms of the will.

Hozack Clisdell will make the process of getting probate as simple as possible for you at a time when you may be grieving a loved one and have a number of other administration issues to deal with related to the passing.

Hozack Clisdell can also assist you in understanding the obligations that you have as an executor. It is a complex area and to avoid any disputes it is best that you seek legal advice about what you can and can’t do as an executor before it is too late. Without legal advice, it can be challenging for an executor to be sure of their obligations.

An executor may discover that a deceased person failed to keep up-to-date with their taxes or wrongly made a claim on Social Security. In the case of the taxes, the executor is bound to discharge the obligations of the estate by paying all taxes. Alarmingly if the executor fails to do this, the executor will be personally liable.

If there is an issue with a Social Security claim the executor will need to contact the relevant government department and negotiate in respect to a refund of the overpaid amount.

It is important that you seek legal advice if you are appointed as an executor.

Letters of Administration

If someone dies without leaving a Will or a Will is invalidated, we can assist in the administration of the Estate by applying for Letters of Administration to the Supreme Court of New South Wales. In circumstances where there is no Will on the death of a person, the New South Wales law detail how an estate is to be distributed and to whom. The Supreme Court appoints an Administrator to administer and distribute the assets of the Estate under the Succession Act.

There may also be a document that the deceased made that may not comply with the requirements of a valid will, meaning that it is not witnessed by two people or may not be dated, however this still could be proved as a will.

If you have any concerns about whether someone had a will or not Hozack Clisdell will be able to help.