Wills and Estate Planning

Introduction When a person dies without a valid will and leaves assets in New South Wales, the next of kin may need to apply to the Supreme Court of NSW for a

Introduction An administrator who obtains letters of administration performs the same estate-management work as an executor, but without a Will that contains a remuneration clause. Section 86 of the Probate and Administration

Introduction When a person dies without a valid will in New South Wales, the Succession Act 2006 (NSW) (‘Succession Act‘) governs how their estate is divided among next of kin under the

Introduction When a person dies without a valid will in NSW, obtaining Letters of Administration gives an administrator the legal authority to manage and distribute the estate. This role increasingly involves

Introduction Superannuation does not automatically form part of a deceased estate when a member dies. The super fund trustee decides who receives the death benefit payment, considering any existing nominations and

Introduction When a sole director and sole shareholder of a proprietary company dies without leaving a valid will, the company is left without a director authorised to make management decisions.

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,