Probate & Estate Matters

When someone passes away, it is necessary for their estate to be properly administered and distributed to beneficiaries. The estate may include property, bank accounts, superannuation, and other assets. If a Will exists, the executor is responsible for ensuring the estate is managed in accordance with the deceased’s wishes as stated in the Will.

If a person died without a Will and leaving assets in NSW, the rules of intestacy in the Succession Act 2006 (NSW) will apply to determine the beneficiaries and their share in the estate.

We provide comprehensive support to executors and beneficiaries. We assist with obtaining Probate or Letters of Administration, liaising with banks and superannuation funds, and ensuring compliance with the executor’s legal obligations.

We also assist with estate disputes. Whether you need to challenge a Will because you have not been fairly provided for (family provision claim), or if you wish to defend a Will from a claim by another person, we help you obtain the best possible outcome. Our approach includes negotiation, mediation, and, if necessary, representation in court to protect your interests.

We can help you  with probate and estate services in Sydney and NSW including:

• Applying for a Grant of Probate or Letters of Administration
• Administering estates and testamentary trusts
• Advising executors and trustees on their legal duties and obligations
• Resolving disputes over Wills, estates, and trusts
• Challenging a Will where provisions are unfair or do not reflect the deceased’s intentions
• Defending Wills from claims
• Advising on informal Wills or issues with validity of Wills

Some examples of cases Daniel Gattuso has worked on include:

• Family Provision Claim by an adult child excluded from a Will due to her sexuality.
• Family Provision Claim by a child whose interest in a large estate was locked away in a discretionary testamentary trust.
• Defending against a Family Provision Claim by an estranged adult child.
• Probate disputes involving questions of testamentary capacity.
• Informal wills, including audio-visual recordings purporting to be a will.
• Disputes with religious organisations regarding the validity of wills.
• Letters of Administration in respect of a large estate of a person who died leaving no immediate relatives, requiring investigations to locate distant relatives in several overseas countries.
• Matters involving disputed paternity to determine beneficiaries of an intestate estate.

If you require assistance with any probate or estate matter, send us a message or telephone us to enquire about how we may assist you.

Fees

Most legal practices charge the maximum amount of fees allowed by legislation. We take a different approach. Wherever possible, we aim to offer competitive fees for standard applications for a Grant of Probate or Grant of Letters of Administration. Read more about our fees on our Probate Fees Page.