About Empower Probate Lawyers
Our lawyers specialise in probate and administration.
We are inheritance lawyers specialising in probate and administration.
Our mission is to assist clients to apply for probate (or letters of administration) and administer a deceased estate compassionately, efficiently, and accurately through a combination of our unique extensive knowledge and experience.
Once a general practice firm, we are now a fast growing practice specialising in will and estate law, including estate planning, probate and administration, and will disputes, consistently delivering successful results for our clients. Our client satisfaction is evident through our Google Reviews and testimonials.
Our Founder and Director, Oliver Morrisey, holds a Master of Laws majoring in Wills & Estates with a High Distinction average grade and was recognised by the College of Law as Best Graduating Student in Wills and Estates. With over a decade of experience, Oliver applies a unique combination of expert knowledge, clear communication, compassion, and strategy to every stage of a matter with the sole objective of delivering the best results for his clients.
At Empower Probate Lawyers We Specialise in Probate and Estate Administration
We assist clients with all probate and administration matters.
This includes those who have been named as an executor and those who are the next of kins of someone who has died without a will.
We also assist clients to challenge or defend the validity of the will itself, where for instance there are suspicious circumstances surrounding the preparation or execution of the will, or questions in relation to the mental health of the will-maker (known as a “testator”) at the time the will was made.
Probate / Letters of Administration
Probate is the process where the Supreme Court of NSW reviews a will and if it is satisfied that it is the last valid will of a deceased person, makes orders which give one or more executors (or where there are no executors available to act, one or more next of kins) the authority to administer the deceased’s estate.
Where the deceased died without a will, one or more next of kins may need to apply for Letters of Administration which, if granted, will give the appointed administrator the power to administer the estate (just like an executor if there were a will).
Estate Administration
Depending on the estate, Estate Administration may involve identifying and collecting assets, identifying and paying debts, selling assets, transferring assets, finalising the deceased’s tax returns, finalising the estate’s tax returns, resolving disputes (with creditors, the ATO and/or family members), defending the estate from litigation, commencing litigation where necessary, and distributing the estate in accordance with the terms of the will (or if there is no will, in accordance with the laws of intestacy).
Why It Pays to Work With Us
Experts in Our Specialised Area of Law
We are expert inheritance lawyers who specialise in probate and administration.
We assist clients to apply for all types of grants, administer estates, and protect estates from claims through a combination of expert knowledge, experience, and strategy.
Deferred Fees
In most cases we can offer clients a Deferred Fee arrangement where our fees are not payable until a grant is issued and the estate collects sufficient assets to pay our fees.
Proven Track Record of Client Satisfaction
We consistently deliver exceptional client satisfaction as evidenced through our Google Reviews and testimonials.
High Level of Personal Client Care and Professionalism
We understand that the death of a family member or loved one can bring grief and heightened emotions. We acknowledge that the probate and administration process can compound this grief.
We provide personal client care, tailored to each client’s particular circumstances, to support them through the process whilst working together to deliver the best outcome.
The Process
01
Get in touch with us
The first step in a probate and administration matter requires you to attend a conference (by phone or in person) with one of our probate lawyers. The client conference is an opportunity for you to provide an overview of the matter and for us to ask further questions. If we can assist, we will provide you with a fee estimate and fee structure.
02
Enquiries
Once retained we will assist you to identify all assets and liabilities, liaise with all banks and asset holders, write to beneficiaries, obtain valuations (where necessary), and commence the preparation of the prescribed court documentation.
03
Lodge Application
Once we have identified all assets and liabilities, and all court documentation has been prepared and executed, we can lodge the application.
Although the actual time to obtain a grant will always depend on the court’s processing time at any particular time, the court usually takes between 6-12 weeks to issue a grant. In some cases, the court may request additional documentation (called a ‘requisition’) which may delay the process.
04
Estate Administration
Once a grant is issued, the executor or administrator can then proceed with collecting the assets, paying the genuine testimentary and administration expenses, selling or transferring assets (subject always to the terms of the will), finalising the deceased’s and the estate’s tax obligations, defending claims against the estate, and distributing the estate.
What Our Clients Have to Say About Working With Us
Contact us about probate and estate administration today
If you are an executor or next of kin and want to apply for probate, or you are disappointed with what you have been told you will be receiving from an estate, contact us now at info@empowerlawgroup.com.au or by calling us on 1300 481 161.