What is probate?
Probate is the process of proving and registering in the Supreme Court the last Will of a deceased person. When a person dies, somebody has to deal with their estate. The court appoints an executor once the will is registered and accepted as the authoritative version of the will. There is no requirement for probate, however many banks and other types of financial institutions insist on probate before they will release the assets of a person.
What documents do I need to get probate?
In New South Wales, to apply for probate, you need forms 90, 91, 95 (if applicable), 96 and 97. As long as the forms are written in legible handwriting or types and are the originals with no omissions or errors the application should be processed fairly promptly. In New South Wales, the Supreme Court aims to process probate application in 2 days and have the probate parchment issued in three days.
How do I resist the grant of probate?
It is possible to place a caveat on the grant of probate which will last for 6 months. If there is no reason for the caveat, it can be struck off after 6 months. There can also be other objections to the grant of probate like proving a conflict of interest of the executor or that there is another valid will in existence or that the present will was created through some process of fraud. Also, if an executor is not properly performing their duties, it is possible to apply to have them removed after the grant of probate under the appropriate legislation.
Where can I get help with probate issues?
We have lawyers available on line now who can assist with probate issues. You can also use the contact form to the right or enter your question into the question box below in order to get an almost immediate response to your probate inquiry. We look forward to hearing from you.