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.

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Sydney, NSW, ACT & WA

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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.



Truth and honour always.



Striving for the highest quality and professionalism in everything we do.



A responsibility for the success of your matter.



You will leave our firm with a positive service experience.

Seeking Expertise in Wills & Probate or Challenging a Will?

Contact us for a free consultation.

Trusted Family Law Experts

Charbel Azzi

Legal Practitioner Director

Nazih Touma

Legal Practitioner Director

Majed Issa

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