Family Law | Wills & Estates | Probate & Executors

Expert Probate & Will Executor Lawyers

Taking on the responsibility of executor to an estate can be overwhelming, particularly when you are also dealing with a personal loss. Lionheart Lawyers are experts at making a complicated system simple for you to understand and process.

Multiple Office Locations

Sydney, NSW, ACT & WA

Multilingual Lawyers

50+ years of collective experience

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Multiple Office Locations

Sydney, NSW, ACT & WA

Multilingual Lawyers

50+ years of collective experience

Free Initial Consultation

The executor of an estate is responsible for collecting the deceased’s assets, paying any debts, and then distributing the assets to the beneficiaries. A grant of probate is a legal document that authorises an executor (or executors) to manage the estate of a deceased person in accordance with the provisions of the deceased’s will. The executor can take the grant of probate to persons that currently have assets of the estate or that are debtors of the estate (such as banks and retirement villages that are holding bonds) and require them to transfer the assets or monies to the executor (or to such other persons as the executor may nominate in accordance with the will).

Applying for Probate in NSW

Applying for probate in New South Wales has its own set of exceptions, depending on your situation. It is important to understand that not every estate will go through the same process. If you are applying for probate, there are a few things you need to know in order for it to be executed properly.

Generally, you will need to apply for a grant of probate if:

Assets are only owned by the individual that has passed;
Assets are over a specific amount.

Regulations in New South Wales state that you must apply for probate within six months from the passing of the deceased – unless there is an explanation detailing the delay. However, only an appointed executor named in the will itself can legally file the probate application.

Submitting a Probate Application

There are a number of steps you will need to follow when applying for a grant of probate. Before you submit your necessary documents to the NSW Supreme Court, you will need to publish a notification on the Court’s website. To submit an application for a grant of probate, you will need to:

Gather all the supporting documents;
Publish a probate notice;
Wait 14 days;
Submit your probate application;
Respond to Requisitions from the Court.

There is a fee associated with applying for a grant of probate which depends on the value of the assets of the deceased.

Our probate lawyers can help you:

Secure and appraise assets from the estate;
Ensure the payment of debts and expenses;
Handle the distribution of the estate to the beneficiaries;

Apply for grants of probate.

Challenging the Executor of a Deceased Estate

The grant of probate is based on the understanding the will is valid and represents the wishes of the deceased individual. However, if there is reason to believe the will lacks validity, you can challenge the executor or contest the will. In this case, you should act quickly before probate is granted and the executor has handled the assets of the estate.

Individuals may contest a will if:

The will is a forgery or fraudulent;
The will is not completed in accordance with Part 2.1 of the Succession Act 2006;
The will is not the final will of the individual who passed;
The testator did not approve the will;
The testator revoked the will in their lifetime.

At Lionheart Lawyers, we take the time to listen and understand your situation. Take advantage of our free initial consultation and call us today on (02) 9299 0112.

Seeking Expertise in Wills & Probate or Challenging a Will?

Contact us for a free consultation.

We’ll Fight for You

Lionheart Lawyers are leaders in providing clear and concise legal advice and solutions. We take the time to understand your circumstances and offer tailored and customised advice and services to achieve your optimal outcome.

Our premium legal services are delivered by a team of highly qualified and personable professionals with more than 50 years of collective experience.

Seeking Expertise in Wills & Probate or Challenging a Will?

Trusted Family Law Experts

[Charbel] is highly knowledgeable, professional and very client service focused and made the entire process go smoothly and kept me informed every step of the way. Charbel, thank you for your excellent service and guidance and for giving me a sense of peace throughout the most stressful part of my life. I am forever grateful!!

One of the best law firms in Australia, Lionheart Lawyers 👍 continually provides clients with excellent services. Wonderful team of professionals to deal with from office support to solicitors. Always has a quick response time, and good advice. Incredibly impressed and will be sure to use again in the future. Majed and Julina Thank you so much for your amazing help!

I had a very good experience with Lionheart Lawyers. They pursued my motor vehicle accident case. Majed and Julina really assisted me throughout my case; they constantly made me feel comfortable and were always going above and beyond to help in any way while achieving the best outcome. Both him and Julina, along with the team at Lionheart, were constantly professional, kind and supportive throughout the whole process. I 100% recommend.

Lionheart are the best legal team you can have on your side. They have been our legal firm for over 7 years. The team are very good at what they do, we trust them with all legal issues big or small and for all legal advice which is always motivated by our best interest.There isn't another legal firm that will work for you as hard and with your best interest at heart as these guys. Thanks to Charbel and Nazih and team!

Lionheart Lawyers were excellent. From the very start I knew I was finally working with the best. Charbel Azzi and his team including Judiel Garcia were on top of every matter and providing the best advice. My case was a very complex case and the team used both great legal knowledge and expertise but also were able to 'think outside of the square'. I will be recommending them to friends and family. I felt totally supported throughout the legal process.

In a time of my life where it was the most challenging, stressful moments I would always feel better after speaking to Nazih, Judiel and Christie who always had patience with me and they would always explain and updated me on how my case was going. I am so thankful and appreciate everything the team has done for myself and my children. They are more than a business they have a genuine care where they will do their best and have the most upmost morals and fairness.

Thank you Charbel for navigating our highly complex and multifaceted matter from beginning to end, with skill, professionalism and empathy. Your personal attention to the details and nuance and your guidance throughout made an invaluable difference. A huge commendation to Bonnie as well for her diligence and hard work.

Lionheart lawyers exceptional handling of my case resulted in a victorious outcome Charbel and Judiel's expertise, dedication and strategic approach exceeded my expectations. Highly recommended for legal representation. Highly recommended.

I am extremely pleased with the service from Lionheart Lawyers, from the first time I met the team in the office to the way I was treated was truly professional. The team responded to my every query promptly and worked very hard to achieve the best outcome and leave no stone unturned in there pursuit for justice and the rights of the client. The team make you feel so comfortable at every stage and explain things very well so you understand your case and you can make the best decisions moving forward.

This group, especially the principal are very good. One of the best I have ever met. Charbel and his team did a very good job for me. I just relaxed as I knew my case was in safe hands. He is a thorough lawyer and will leave no stones unturned. The opponents shiver when he is on. Highly recommended. Nominal fee. Very satisfied client.

From start to finish Majed Issa & his team were excellent & highly professional. Majed gave sound, honest and open advice which left me feeling extremely comfortable & I always new where my case was at. Majed’s communication was amazing & he always responded in a timely manner & quite often he contacted me after business hours to make sure I received any updates or a response to my questions. I truly felt a genuine care & understanding which goes along way!

Charbel Azzi and his colleagues left no stone unturned in ensuring the best result for my situation. Thank you for all your help and I have no hesitation in recommending your practice.

Excellent service and extremely professional, I can't thank the team at Lionheart Lawyers for all their professional support and assistance in delivering exceptional client service. Highly recommend!

Charbel Azzi

Legal Practitioner Director

Nazih Touma

Legal Practitioner Director

Majed Issa

Accredited Specialist Director

Expert Probate & Will Executor Lawyers

Applying for Probate in NSW

Submitting a Probate Application

Challenging the Executor of a Deceased Estate

Seeking Expertise in Wills & Probate or Challenging a Will?

Contact us for a free consultation.

We’ll Fight for You

Seeking Expertise in Wills & Probate or Challenging a Will?

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