Probate, Wills and Estate Management.

Lady Anne Funerals collaborates with Winter Legal to assist with all matters related to Wills, Estates and Probate. Dealing with Probate, Letters of Administration, and deceased estates can be overwhelming and confusing, especially if you’ve never encountered them before.

What is Probate?

As an Executor you may need to apply to "Probate" (or "Letters of Administration"). An application is made to the NSW Supreme Court for a grant to Probate. Probate authorises the Executor to Administer the Estate.

Emma Winter Legal

Emma Rowles

Legal Practitioner Director - Winter Legal

Emma completed a Bachelor of Laws, and Bachelor of Commerce (Accounting), whilst working as a Paralegal from 2007 at Christopher Edwards Solicitors & Accountants, doing Estate Planning, Estate Administration, Conveyancing, Tax Law and Accounting.

Emma was admitted as a solicitor in 2012 whilst she was working at the NSW Supreme Court as a Legal Researcher to the Honourable Associate Justices Hallen (as his Honour then was), Macready and Harrison, and Tipstaff to the Honourable Justices Davies and Garling at the NSW Supreme Court.

Emma worked as a solicitor at KPMG, Speed & Stracey Lawyers and Teece Hodgson & Ward doing Tax Law, Estate Planning, Estate Administration and Estate Disputes.

Emma completed a Master of Laws (majoring in Wills and Estates) in 2022.

Emma is a member of the Society of Trust and Estate Practitioners (STEP) and is a Registered Trusts & Estates Practitioner (TEP). STEP is an international professional body for advisers who specialise in inheritance and succession planning.

  • Bachelor of Laws (LLB)

  • Bachelor of Commerce (Accounting) (BCom)

  • Master of Laws in Wills & Estates Law (LLM)

  • Trust & Estate Practitioner (TEP)

Estate Administration Q & A

What is required for Probate?

The following documents must be filed with the application for Probate:

  • Original Will
  • Death Certficate
  • Summons
  • Affidavit of Executor
  • Statement of assests and liabilities of the Estate.

Occassionally additional docuemnts may be required.

How long will it take to administer the Estate?

The time varies depending on teh coplexity of the estate. Most estates are finalised within 9-12 months.

Do I need Probate?

Banks, insurance companies and superannuation funds oftens require probate. However, sometimes funds can be released if they fall below the threshold.

Probate is required if real estate was owned in the deceased's sole name or as a ' tenant in common'. However, if real estate was owned as a 'joint tenant' it automatically passes to the survining joint tenant, so a grant of Probate is not required.

An Executor can be persoallu liable in some instances, so it is important to obtain legal advice before dealing with an estate.

Do I have to act as the Executor?

No, you can 'renounce' and transfer the role of Executor to csomeone else.

Working together.

Wills. Probate. Will Dispute. Estate Administration.

Winter Legal is an award winning wills and estates law firm dedicated to client satisfaction. No upfront fees required.

www.winterlegal.com.au

If you'd like Lady Anne Funerals to connect you with Emma at Winter Legal or arrange a meeting either while organising your loved one's service or after the service, please don't hesitate to request assistance.

We're here for you in every way possible.

Our blog