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Probate and Letters of Administration

Facing the administrative process following the death of a loved one can be a difficult and daunting task. At SWS Lawyers, we help our clients navigate the application for a grant of probate or a grant of letters of administration depending on the specific circumstances.

How we can help

  • Wills and Testamentary Trusts
  • Powers of Attorney and Enduring Guardianship
  • Family Provision Claims

Expertise

SWS Lawyers assists our clients in all matters of estate administration, whether applying for a grant of probate or a grant of letters of administration.

Probate refers to the application made to the Supreme Court of NSW by the executor identified in the will of the deceased. Attached to the grant of probate is a copy of the will, and the grant serves as evidence that:

  • the deceased left a valid will which identifies an executor; and
  • the executor is the person appointed to deal with the deceased’s estate and carry through the deceased’s testamentary wishes.

Following the grant of probate, the executor administers the estate by gathering the assets of the estate, paying the funeral costs along with any other debts of the estate. The executor will distribute the remaining assets to the beneficiaries named in the will in accordance with the terms of the will. The executor is also the person authorised to defend any challenges to the will, such as family provision claims or claims regarding the validity of the will.

Similarly, an application for a grant of letters of administration is made to the Supreme Court of NSW, but in circumstances where a will cannot be located, the will fails to identify an executor, or the named executor has died or is unable or unwilling to act. In a grant of letters of administration, the Court appoints an administrator who acts in the same capacity as an executor; gathering the assets of the estate, paying the debts of the estate and either distributing assets in accordance with the will, or, if there is no will, then in accordance with the laws of intestacy.

Their approach is always professional and delivered at a standard comparable to a capital city law firm. It is the clear strategic direction that has always impressed me about the SWS team.

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SWS has assisted with advice on securing and exercising complex property and commercial contractual rights and assisting with protracted contractual management and implementation. We value legal experts who can offer pragmatic and commercial legal solutions for our complicated matters. SWS Lawyers has consistently met these criteria.

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