Navigating Probate in Sydney: When Do I need a Solicitor?

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.
1. 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.
2. DISAGREEMENT BETWEEN MULTIPLE EXECUTORS

If the will names several joint executors who cannot agree, a legal professional can assist and guide with the decision-making process.
3. 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. This can minimize the escalation of court disputes that can rapidly consume time and money, reducing funds for beneficiaries.
4. ASSET COMPLEXITY

A probate grant by a solicitor can support cases where assets are too big and complex; as in it involves multiple stakeholders, or if the estate includes enterprises. Legal advice may be deemed necessary in the distribution, management, and appraisal of substantial estate assets.
5. 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.
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
- No complicated assets like a business
- No executor disputes or disgruntled relatives
- The estate is solvent
- The executor is capable of finalizing the estate
AT FUNERA.SYDNEY, OUR TEAM IS DEVOTED TO PROVIDE GUIDANCE AND POINT YOU TO THE RIGHT DIRECTION IN HANDLING THESE CASES DURING THIS DIFFICULT TIME. CONTACT US AT https://www.funera.sydney/contact-us/ TO DISCUSS AFFORDABLE FUNERAL PLANNING AND ENSURE YOUR LOVED ONE'S AFFAIRS ARE HANDLED RESPECTFULLY.
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