Introduction When a person dies without a will, the court-appointed administrator inherits the estate’s assets along with any unpaid tax obligations owed to the Australian Taxation Office (ATO). Distributing assets
Introduction When a family member dies without a valid will in NSW, their next of kin may need to apply for letters of administration before they can lawfully manage the
Introduction Obtaining letters of administration from the Supreme Court of NSW grants an eligible family member the legal authority to manage the deceased estate. The real work, however, begins after
Introduction When a person dies without a valid will in New South Wales, their estate is distributed according to the intestacy rules in the Succession Act 2006 (NSW) (‘Succession Act‘). Eligible relatives
Introduction When a person dies leaving a valid will but no executor is available to apply for probate, the estate falls into partial intestacy. A beneficiary named in the will
Introduction In New South Wales, probate is the legal process of validating a will and authorising an executor to manage a deceased person’s property. A grant of probate from the Supreme Court
Introduction For an executor named in a will, obtaining a grant of probate from the Supreme Court of NSW is a critical step to legally administer the estate of a deceased person. A common question is,
Introduction An executor is responsible for managing a deceased person’s estate, which involves paying debts and distributing assets to beneficiaries as directed by the will. While many people accept this role to carry out a
Introduction In New South Wales, a caveat is a legal notice used in inheritance disputes to protect a potential interest in the property or estate assets. It can act as a temporary freeze
Introduction A family provision claim is a legal action available in New South Wales for eligible individuals who believe a will has failed to make adequate provision for them. Governed
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Introduction When a person dies and letters of administration have been issued in another Australian state or territory, the administrator may need to have that grant resealed by the Supreme Court of
Introduction A missing will after death triggers a legal presumption that the deceased revoked it. Without the original document, beneficiaries and next of kin may need to apply for letters
Introduction When a person dies without a valid will, their estate passes under intestacy laws. In New South Wales, the next of kin must apply for letters of administration through the Supreme Court
Introduction When a deceased estate in Australia is administered solely by a non-resident executor or administrator, the estate’s tax treatment changes significantly. The estate becomes a non-resident trust for tax purposes,
When a person dies leaving assets in an Australian state or territory, a foreign grant of probate or letters of administration does not automatically give an executor authority to manage the
Introduction Administering a deceased estate in New South Wales falls to the executor named in the Will, or to an administrator appointed by the Supreme Court of NSW when no Will