What is a Deceased Estate Lawyer?
A deceased estate lawyer is a special type of lawyer who assists executors in administering and distributing the estate of a person who has died.
They can assist in identifying assets owned by the deceased, identifying any liabilities that may need to be paid from the estate, applying for probate, lodging tax returns, resolving claims against the estate or disputes among beneficiaries, and ensuring the estate is distributed according to the will of the deceased person.
How We Assist with Estate Law Matters in NSW
Assisting with Probate Applications in NSW
Where a person has died with a valid will, we can assist the executor named in the will in applying for and obtaining probate. Where a person has died without a valid will, we can assist a family member in applying for Letters of Administration.
Advising on Complex Deceased Estates Law Issues
We are estate planning lawyers with extensive experience in preparing estate plans for a wide range of individuals, from single individuals with no property to families with a family home to high net wealth individuals who hold large portfolios of properties and businesses. Our fees are tailored to the specific client. The smaller and less complicated the estate, the lower the fee, and the larger the estate and more complicated structures, the higher the fee. Contact us today for your obligation-free quote.
Guidance on Obtaining Letters of Administration
Where a person dies without a will, or where they left a will naming executors but all of the named executors are either unable or unwilling to act as executor, then a family member may need to apply for Letters of Administration which, if granted, would give the person legal authority to administer the deceased’s estate. As experienced probate lawyers, we can assist our clients by preparing and lodging the required documentation.
Resolving Disputes Related to Estate Law
Interpreting and Executing the Will
Disputes often arise from unclear wills, especially around who the beneficiaries are or vague wording—like leaving assets to “my children” when both biological and step-children exist, or referencing “my home in Sydney” when multiple properties are owned. If beneficiaries can’t agree on the interpretation, executors may be forced to initiate costly court proceedings called ‘construction suits’. These issues are particularly common with DIY or Post Office Wills, which might save $1,000–$2,000 upfront but can trigger disputes costing 50–100 times more. Poorly drafted wills can delay distributions and drain the estate. Engaging an experienced wills and estate lawyer helps ensure clarity, reduce the risk of future disputes, and protect your beneficiaries from unnecessary costs.
Managing Estate Administration Efficiently
When To Hire A Deceased Estate Lawyer
The following persons would benefit from speaking to a lawyer:
- Someone who does not have a will.
- Someone who wants to update their will.
- Someone who has been named as an executor and wants help applying for probate or letters of administration.
- Someone who wants to know whether they are required to obtain a grant.
- Someone who has obtained a grant of probate and would like administration services.
- Someone who wants to act as executor or administrator.
- Someone who has been left out of a will.
- Someone who has received something from an estate but wants more.
- Someone who was financially dependent on a person who had recently died.
- Someone whose close relatives died without a will (died on intestacy).
Contest or Challenge a Will to the Deceased Estate With Our Lawyers
Disputes can come in many forms.
When a person takes issue with the validity of the last will (such as on the grounds that the deceased lacked testamentary capacity or because the will was a product of coercion or fraud), they should seek advice on “Can I challenge the will?”. Another name for challenging a will is contested probate proceedings.
When a person takes issue with the fairness of the last will (where they believe they should have received more), they should seek advice on “Can I contest the will?”. Another name for contesting a will is a family provision claim. Each State of Australia has a different deadline by which family provision claims need to be made. For example, in NSW, claims must commence within 12 months of the deceased’s date of death. Other jurisdictions have shorter deadlines.
Why Choose Us?
Experts in Our Specialised Area of Law
Proven Track Record of Winning Cases
We consistently deliver favourable outcomes for our clients. Our proven client satisfaction is evident through our Google Reviews.
High Level of Client Care and Professionalism
Our team understands that the death of a family member or loved one can bring grief and heightened emotions. We acknowledge that inheritance claims can compound this grief and cause or deepen personal or family conflict.
We provide personalised care tailored to each client’s particular circumstances to support them through the process whilst working together to deliver the best results. Our client satisfaction can be seen in our Google Reviews.
No Win, No Fee
In some will challenge and will contest cases, we can offer a Conditional Costs Agreement, otherwise referred to as a “no win, no fee” agreement. A “no win, no fee” agreement means that a client will not have to pay any of our fees unless and until a successful outcome is achieved.*
*Whilst a client subject to a “no win, no fee” agreement will not have to pay our fees until and unless they achieve a successful outcome, the client is still liable to pay disbursements and barrister’s fees throughout the course of the matter. Whether we can offer a “no win, no fee” agreement will depend on the facts and circumstances of each case.
What Our Clients Have to Say About Working With Us
Turn to the Experienced Lawyers at Empower Wills and Estate Lawyers
If there is a dispute over the will or estate and you are involved in estate litigation, or you need help to obtain a grant of probate or letters of administration and help to navigate the estate administration process and administering estate, or would like additional information related to deceased estates or legal guidance on applicable laws, you should contact Empower Wills and Estate Lawyers on 1300 414 844 for professional advice.
Frequently Asked Questions
How long does the probate process typically take in NSW?
There are different stages of the probate process.
The first stage is to identify and locate the last will of the deceased, identify the assets of the deceased estate, identify the estate and testamentary liabilities, and prepare and lodge the probate application. Depending on the circumstances, this process can take 2-3 months or more.
Once the application for probate has been lodged with the court, it can often take 2-4 months for the court to grant probate, or longer if the court wants further information about any aspect.
Once the court grants probate, the executor or administrator can administer the estate, which consists of collecting assets, selling assets, paying debts, lodging tax returns, and distributing the estate. This stage can take 2-8 months, depending on the circumstances.
Therefore, in rare cases, the whole probate and administration process can be as short as 6 months, but in most cases, it takes 9 to 15 months or more, depending on the circumstances.
What is the difference between probate and letters of administration?
Where the person dies with a valid will, the person named in the will has the right (but not the obligation) to apply for a grant of probate. Probate is an order of the court. Once probate has been granted, the executor has the legal authority to administer the estate.
Where the person dies without a valid will, they are said to have died ‘intestate’. In this case, a family member may need to apply for administration of the estate. This can be done by applying for a grant of Letters of Administration. Once granted, the family member will have legal authority to administer the estate.
Can a deceased estate lawyer help if there is no will?
Yes, a deceased estate lawyer can help by conducting searches to rule out the possibility a will exists and if there is no will, a deceased estate lawyer can help a family member apply for Letters of Administration and administer the estate.
How are legal fees structured for deceased estate services in Sydney?
Our fees are tailored to the specific client.
The smaller and less complicated the estate, the lower the fee; the larger the estate and more complicated structures, the higher the fee.
Contact us today for your obligation-free quote.
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Disclaimer: the information in this article relates to NSW law as at the date it was written and is general information only. It does not constitute legal advice and should not be relied upon as legal advice. It may contain information or links to sources which are no longer current. If you have a question or legal issue, we recommend you contact a lawyer and obtain legal advice that takes into account your specific facts, circumstances, needs and objectives.
