NAVIGATING PROBATE IN SYDNEY: WHEN DO I NEED A SOLICITOR?

When a loved one passes, navigating through their estate can be tedious and difficult, especially if the estate involves certain complex asset and financial matters; because of this, families opt to or contemplate hiring a lawyer for probate in these cases. The decision to engage a lawyer hinges on the estate's magnitude and the specific family circumstances. In the event that the estate is small, the stakeholders such as the executor or administrator are able to finalize and arrange it themselves without requiring the engagement of an attorney. In other cases where the estates are fairly small, there is no longer a need to grant a probate. However, there are certain cases where legal counsel or assistance can be essential. 

WHEN IS A PROBATE BY A SOLICITOR REQUIRED?

Funera Sydney compiled several instances that may constitute a need for an attorney to arrange a probate.

LACK OF AN AUTHORISED AND OFFICIAL WILL

Dying without a valid will is called intestacy. With intestacy, assets are distributed per a legal formula. A solicitor can help determine distributions if the estate and family situation are complicated. In such cases, a solicitor can provide valuable guidance in navigating the legal complexities of intestacy and ensuring a fair distribution of assets.

DISAGREEMENT BETWEEN MULTIPLE EXECUTORS

If a will names several people as executors and they can't agree on how to handle the estate, tensions can rise, and the probate process can become bogged down. A solicitor can step in to mediate disputes, facilitate communication, and provide impartial advice to ensure a smooth probate process. They can help the executors understand their roles and responsibilities, and work together to make decisions that are in the best interests of the estate.

WHEN A DISPUTE BETWEEN FAMILY MEMBERS OCCUR

In cases where family members cannot agree or specifically contest the Will, it is essential that legal counsel be involved. Such disputes can escalate quickly, leading to costly and time-consuming court battles. A solicitor can help mediate disagreements, facilitate communication, and provide impartial advice. By involving a legal professional early on, you can minimize the emotional and financial toll of family disputes and ensure a fair and efficient distribution of assets.

ASSET COMPLEXITY

A probate grant by a solicitor can support cases where assets are too big and complex, such as those involving multiple stakeholders or enterprises. Legal advice may be deemed necessary in the distribution, management, and appraisal of substantial estate assets. A solicitor can help navigate the complexities of valuing and distributing assets, ensuring that all legal requirements are met and that the interests of all beneficiaries are protected.

INSUFFICIENCY OF ESTATE ASSETS

Legal guidance is important if debts exceed estate funds. A solicitor can advise the order creditors get paid, as state law sets priorities. The executor may become liable if debts aren't handled appropriately. A solicitor can help navigate the complexities of dealing with insufficient assets, ensuring that creditors are paid in accordance with the law and protecting the executor from personal liability.

IN WHAT CASE DO I NOT NEED AN ATTORNEY TO HANDLE THE PROBATE?

Here are some situations where you could potentially handle probate without a solicitor:

- Most property can transfer without probate