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PROBATE

If you die with a Will, the person responsible for administering the estate is appointed under the Will and is known as the executor. In certain circumstances the executor may need to apply to the Supreme Court for a grant of Probate.

Probate is the process by which a Will is proved to be valid so that the deceased’s property can be distributed to the beneficiaries in accordance with the Will. The Grant of Probate is a document certifying that the Supreme Court recognises that the Will is a valid Will, is the last Will and testament of the deceased and gives the executor’s authority to deal with the estate.

If you do not have a valid Will, you will die as an ‘intestate’. This means your property will be distributed amongst your relatives (or to the State itself) based on a formula in the Succession Act 2006 (NSW).

For professional advice on Probate Law in Australia, or on any associated matters, please contact us on 02 8233 6191 or email to enquiries@sellanesclark.com.