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Services

ExecutorsHelp provides essential legal services to Executors and Administrators of both small and complex estates in New South Wales.

We take time to listen, advise and counsel our clients. By alerting clients to potential problems we strive to minimise pitfalls and replace them with a streamlined administration process.

Click on any of the service areas below to see how we can assist you fulfil your legal responsibilities as Executor.

Probate application
Letters of Administration
Administration of estates
Will disputes and mediation
Sale or transfer of estate property
Testamentary Trusts
The Succession Act 2006 NSW
Executor’s commission
Draft new Wills for surviving family members


Probate Application

Where a Grant of Probate is required we will explain the process to you and prepare all necessary legal documents. A Probate application must be supported by a Death Certificate, the original Will, a summary in detail of the deceased’s assets and liabilities and Affidavits. Probate applications are lodged as quickly as possible and administration conducted in a responsible and efficient manner. Detailed reports are available to you and beneficiaries are kept well informed prior to bequests being finalised.
See Probate FAQ’s

To help you prepare for our first meeting
See our article: "Where do I start?"

At ExecutorsHelp we also finalise small estates as quickly as possible. Banks/share registries are notified and policy followed where Probate is not required.

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Letters of Administration

When someone has died and not left a Will this is called 'dying intestate'. Application may be made to the Supreme Court to appoint an Administrator of a deceased estate if there is no valid Will in existence.

Letters of Administration are granted enabling the Administrator to legally undertake the administration of the estate similar to the role of an Executor after Probate is granted of a valid Will.

Where an existing Will is found to be invalid, or the Executor named in a valid Will has predeceased the testator (or willmaker) or is unable/unwilling to act, an application may be made to the Supreme Court to grant Letters of Administration with the Will Annexed.

It is important to locate any document that might have been intended to be the deceased's last Will.

Click Here for More Information

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Administration of estates

There are two stages to your job as Executor. As soon as the Notice of Death, Will, Executor's Affidavit and a statement of assets and liabilities of the deceased is lodged at the Probate Registry and the Probate application granted, you are then legally recognised to administer the estate. See 'the role of the Executor'.

Estate administration may be straightforward and completed quickly. For more complex estates involving testamentary trusts, administration may involve minors receiving trust benefits for a number of years.

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Will Disputes and Mediation

When disputes are raised the first question to address is resolution. This can often be achieved through mediation, and is encouraged to avoid the high daily costs of litigating unresolved disputes.

Challenges to wills are open to a wider category of people since changes to the law in 1999. Disputes include grounds of insufficient provision, suspicion of forgery, undue influence or duress on the willmaker at the time the Will was made.

See article "Will Disputes'

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Sale or transfer of estate property

At ExecutorsHelp we have over twenty five years experience in conveyancing and related matters of property.
A Notice of Death is lodged to transfer property held in a joint tenancy or Transmission Application for transfer of property by Executor. Sale of property by auction /private treaty is settled efficiently. Statutory authorities are notified of the change of ownership.

Although there are no probate or estate duties payable capital gains tax may be triggered on the sale of real estate by beneficiaries.

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Testamentary Trusts

A testamentary trust is created by a Will and as a result can only come into effect upon the death of the willmaker.

We can advise and assist you as Executor in the administration of any estate which includes testamentary trusts. This will be done in conjunction with the estate's accountant to ensure maximum tax benefits.

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Family Provision Act claim on estate

The Family Provision claims under the Succession Act 2006 NSW has enabled a person who meets the definition of an 'eligible person' to apply for a share or greater share of an estate. He/she must establish need and prove the testator did not allow adequate provision in the estate for their maintenance, advancement or education in life.

Although the Court does not set out to rewrite a testator's Will, it can decide to distribute the estate differently to the terms of the Will. In assessing a claim the Court will examine the assets of the estate, the assets and conduct of the claimant and also family relationships.

We accept instructions to act for Executors resolving or defending a FPA claim. For any Will dispute matter please contact us as soon as possible as time limits do apply.

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Executor’s commission

As the Executor you are entitled to claim costs and expenses incurred in administering the estate. All receipts must be held. Where the administration of the estate is complex and time consuming you may apply to the Supreme Court for payment of Executor's commission.

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Draft new Wills for surviving family members

Frequently you as the surviving spouse or partner nominated the deceased in your existing Will as Executor and /or beneficiary.

In the event of your death executorial duties may fall on a substituted executor if one was nominated in your Will. But if a beneficiary predeceases you that gift will fail and pass to the recipient of the residue of your estate, or failing that be dealt with according to the rules of intestacy. For this reason it is important that we receive your instructions to make a fresh Will as soon as convenient.

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ExecutorsHelp
ABN: 33 560 807 269
Level 5
Castlereagh Chambers
64 Castlereagh Street
Sydney NSW 2000
Australia

Tel. (02) 9235 3160
Fax. (02) 9235 2733
Email.
help@executorshelp.com.au

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