Szabo & Associates News & Updates

Probate is the legal and financial process of dealing with the property, money and possessions of a person who has died. A Grant of Probate is a Court Order that confirms the validity of the deceased’s Will and the authority of the named Executor to carry out the terms of the Will. The Supreme Court issues Probate in NSW.

There are several issues that, if unattended to, may make a Will invalid. Sometimes this may be because of invalid execution due to a lack of compliance with the legal formalities. At other times, more disputable matters can be involved, such as a lack of mental capacity or the application of undue influence on the Will-maker (or testator). These types of claims can involve particularly complex evidential and legal arguments.

A Will is an important document. Without one, the reality is that intestacy rules will apply which state how your estate must be shared out on death. Nevertheless, it is also important to be clear which of your assets will not pass automatically through your Will so that, in tandem with the Will, you consider all your assets and those persons you wish to benefit.

The validity of a Will can be, and is, frequently challenged. In order to do so, the challenger has to have the necessary ‘standing’ or legal entitlement. Broadly speaking, these are persons named in the Will, the beneficiaries, or anyone who would have inherited but has been excluded from doing so.

It is well observed that for many Australians, their superannuation, especially if it contains life insurance, can represent a significant part of their assets. What may be less well known is that superannuation does not automatically form part of an estate and does not pass according to the Will or intestacy laws. Superannuation death benefits are dealt with under their own complex rules, and disputes are becoming increasingly common.