Defend a deceased estate claim or Will challenge
Defend a deceased estate claim or Will challenge We defend the estate against claims, so the will the deceased actually made is the one that stands. You followed the will. You did what you were asked to do. Now someone is claiming against the estate and you are a respondent in court proceedings, while you […]
Obtain a grant of probate
Obtain a grant of probate We prepare and run the probate application, so the court gives you the authority you were already trusted with. Being named executor is meant to be a mark of trust. Then you try to act on it, and every institution asks the same question before it will talk to you: […]
Worried about legal costs for challenging a Will? A guide for claimants in South Australia
If you’ve been left out of a Will or believe the provision made for you is inadequate, you may be wondering whether you can apply for a greater share of the estate. You may also be worried about what it could cost you to make a claim. Under South Australia’s new Succession Act 2023 (SA) (the Act), people in […]
Rising probate costs: how court fees and legal costs impact estates
Probate filing fees now reach over $17,500 in some states, with rising legal costs adding pressure on executors. Here’s what families and family businesses need to know. The cost of probate is rising When someone passes away, dealing with their estate involves more than just grief and paperwork. Executors must navigate probate – the process of proving a Will […]
Step-children and family provision claims: what step-parents in SA need to know
Blended family dynamics can be complicated, especially when it comes to estate planning. If you’re a step-parent preparing your estate plan, you may feel uneasy about recent changes in South Australian succession law, particularly the expanded rights of step-children under new Succession Act 2023 (SA) (the Act). Under section 115, step-children are now expressly eligible to apply for family provision […]
The $5.4 trillion wealth transfer: what families need to know about probate in Australia
The great wealth transfer has arrived Australia is entering one of the largest intergenerational wealth transfers in history. Over the next 20 years, an estimated $5.4 trillion in property, business assets, superannuation and investments will pass from one generation to the next. For family businesses, this is more than just an economic headline. It represents […]
Digital assets, cryptocurrency, and probate: don’t let your wealth disappear
Digital assets such as cryptocurrency and online accounts are easily lost after death without planning. Here’s what families and family businesses need to know about probate in the digital age.
What happens when co-executors can’t agree? Lessons for will-makers and executors
Appointing two executors might sound like a sensible way to share responsibility, indeed, it is something we often recommend. But what if those executors can’t agree, or worse, one refuses to act? The Supreme Court of New South Wales case Wise v Barry; The Estate of Robyn Margaret Wise [2018] NSWSC 1726 shows how easily an estate […]
Probate delays: why it takes so long to finalise an estate
Probate can take months, sometimes years, to complete. Here’s why delays happen and how families and family businesses can prepare.
Can I sell property of a deceased estate before probate is granted?
You may be acting as the executor of a deceased estate or are otherwise involved as a beneficiary. Amongst the assets of the estate is real property and someone has told you: “Now’s the perfect time to sell!” But there’s a problem. Probate hasn’t been granted yet, and you’re not sure what you can and can’t do.