A Deed of Family Arrangement is a legally binding contract between all beneficiaries of a NSW estate (and the executor) to vary how the estate is distributed. It can override the will or the intestacy rules in the Succession Act 2006 (NSW) and is commonly used to settle family provision
A grant of probate in NSW takes one of two forms. A grant in common form is the standard administrative grant made by the Registrar where the will is uncontested. A grant in solemn form is a judicial determination made by a judge after contested proceedings, and it binds all
In the first 30 days after a death in NSW, an executor’s role is to secure the estate, register the death, locate the will, and prepare for probate. The executor has the authority to arrange the funeral, but cannot deal with most assets until a grant of probate is issued
A reseal of probate is the Supreme Court of NSW formally recognising a grant of probate or letters of administration issued in another Australian state, the United Kingdom, or another recognised Commonwealth country. Section 107 of the Probate and Administration Act 1898 (NSW) is the operative provision. A reseal saves
In NSW, an executor can list a deceased estate property for sale and exchange contracts before probate is granted, but settlement cannot occur until the Supreme Court has issued the grant. Until then, the executor has no legal authority to transfer title. This timing creates real risk if probate is
In NSW, an executor is not automatically paid. They can apply to the Supreme Court for commission under section 86 of the Probate and Administration Act 1898 (NSW) to compensate for their “pains and trouble” in administering the estate. Whether commission is allowed depends on the estate’s size, complexity, and
Notional estate is a NSW power that lets the Supreme Court treat property the deceased gave away as if it remained part of the estate, for the purpose of a family provision claim. The rules sit in Part 3.3 of the Succession Act 2006 (NSW). This mechanism prevents a person
The statutory legacy is the fixed amount a surviving spouse or de facto partner receives from an intestate estate in NSW before the rest of the estate is divided. It is set under section 106 of the Succession Act 2006 (NSW) and CPI-indexed each quarter. The statutory legacy applies only
When the original will cannot be found in NSW, the law presumes the will-maker destroyed it with the intention of revoking it. This is a rebuttable presumption. The executor can still apply for probate of a copy, but only with strong supporting evidence. An executor who cannot locate the original
