Author name: Oliver Morrisey

Probate costs in NSW will depend on the size, nature, and complexity of the estate. When we are asked “how much does probate cost in NSW?” and “is probate expensive in NSW?”, we explain that probate costs are made up of three main costs: legal fees, court filing fees, and third-party expenses. When Is Probate

Whether wills need probate in NSW depends on the circumstances.  Probate is a court process through which the named executor or executors obtain the legal authority from the Supreme Court of NSW to administer a deceased estate.  Wills go to probate so assets can be lawfully transferred. Probate gives the executor authority to collect and

Yes, inheritance can affect your pension in Australia under Centrelink rule, as it is counted in your asset test or income test. Centrelink inheritance rules are strict, and there are very limited ways to avoid your pension being impacted. However, there are some strategies that can be implemented to help retain your pension. Pension Types

Grandchildren may wonder about their inheritance rights when a grandparent dies, particularly if their parent had previously died.  A grandchild’s rights will depend on the terms of the will (or, where there is no will, intestacy laws) and also on the nature of the relationship between them and their grandparent.  Regardless of whether the grandchild

We often get asked, “What is probate and when is probate not required in NSW?” Probate is the legal authority granted by the Supreme Court of NSW to administer a deceased estate. The executor may need to apply for probate.  However, a grant of probate is not required in every case, and certain assets can

After probate is granted in NSW, the executor can begin estate administration, including collecting assets, paying debts, and distributing to beneficiaries. The executor will not have legal authority to administer the estate until probate has been issued by the Supreme Court of NSW. Collecting and Managing Estate Assets Once probate has been granted, executors can

Yes, a sibling can contest a will in NSW in certain circumstances. The first step when contesting a will as a sibling involves determining whether the sibling meets the definition of an “eligible person” under section 57 of the Succession Act 2006 (NSW).  To satisfy the definition of “eligible person”, a sibling must establish: They

With more younger families unable to afford their own house, more remain living with their parents, which gives rise to the question – can a daughter-in-law contest a will in NSW?  Yes, a daughter-in-law can contest a will in NSW in certain circumstances.  For a daughter-in-law to be an eligible person under section 57 of

We often get asked, “Can a brother contest a will in NSW?”  Yes, brothers can contest a will in NSW in certain circumstances.  A brother can contest a will by making a “family provision claim” against the estate of their deceased sibling under section 59 of the Succession Act 2006 (NSW). For the claim to