If a loved one or relative has passed away, we are here to help at this difficult time. Just call us and we will advise you on the next steps in a caring way. A funeral is usually the first matter to organise, and you can usually defer the legal issues of the estate until that has taken place.
Executor of a Will
If you are the executor of a Will, we can help you with the various tasks that are required in order for you to administer the deceased’s estate according to his or her wishes. Depending on the nature and value of the assets, we can advise you whether Probate is necessary in the first place. It may be that Probate is not required at all, saving you considerable time and expense. For example, where bank balances are below say $25,000.00 (the exact amount varies between banks), the bank may be willing to rely on just a copy of the death certificate and an indemnity form rather than formal Probate. Or assets may be held jointly, in which case they pass automatically to the survivor and are not legally part of the estate.
Grant of Probate
However, in many cases, a grant of Probate is required from the Supreme Court before an executor can access the property, assets and bank accounts of the deceased person and deal with them in accordance with the Will. Because the Court must be satisfied that the Will presented is legally binding, and is in fact the last Will, the Court requires a high standard of compliance with the regulations.
At Trouncer Legal, we can guide you through the process and help you to navigate the complexities of a deceased estate, as easily and painlessly as possible. Probate applications can be a legally technical area in which practical experience in finding solutions can be invaluable. Too many stories abound of estates getting bogged down for long months due to difficulties and inaction. With expertise and long experience in this area, we take pride in being able to complete the whole process as promptly and efficiently as possible, meaning that distribution of assets can be made in a timely manner.
We will arrange the publication of the required 14 days’ advertisement on the Supreme Court website, draft and prepare the Affidavits and other documents required for the application to the Court, contact the banks or other assets holders, and generally attend to the whole process on your behalf whilst keeping you fully informed at all times. You just need to furnish details of all assets, the original death certificate (which is usually sent to you by the funeral director about two weeks after the funeral), and the original Will. It does not matter if the original Will was prepared by another firm, and if the last Will is held by the Public Trustee or another solicitor, we can arrange for it to be sent to us.
Probate Fees and Services
Fees for obtaining a grant of Probate are governed by a scale determined by legal regulations, (in turn based upon the total value of assets of the estate), with lower additional fees on an hourly basis for finalising the collection and distribution of assets and so on. If you contact us, we would be happy to discuss the likely fees and expenses involved. The main expense is the Supreme Court application fee, currently currently $685.00 for estates between $100K to $250K, $949.00 for estates up to $500K, $1,424.00 for estates between $500K and $1 million, and $1,899.00 over $1m.
Where the deceased failed to leave a valid Will, or the appointment of the executor is ineffective, an application for a grant of Administration may be required. This involves a similar process, but has added complications and requirements.
Contact Trouncer Legal today for your Free consultation. During your consultation we can discuss your personal circumstances and the matter in more detail. After this session you will have a clear understanding of what is required and the next actions that are required.