Probates & Estates (NSW & QLD)

Advising On Probates & Estates In Tweed Heads, NSW & QLD

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At Budd & Piper Solicitors & Conveyancers, our trusted legal team in Tweed Heads can provide advice in relation to estate planning and succession law issues. We can prepare wills and codicils, including testamentary trusts for the purpose of asset protection.

A probate is the Supreme Court’s official recognition of a will as legally valid. A grant of probate is a Supreme Court document that recognises someone’s authority to deal with the estate of a person who has passed away. Probate is often needed before the executor of a deceased estate can take control of the estate’s assets, administer the estate, and distribute the estate to the beneficiaries in accordance with the will.

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Probates NSW & QLD

The legal term 'probate' refers to the proving of the will. The word probate derives from the same origins as the words prove, proof and probity. It is the process by which the will is proved to be a legally valid will and testament of a deceased person. Obtaining a grant of probate of a will is necessary when the estate of the deceased person includes assets of significant value such as bank accounts, refundable accommodation deposits held by an aged care facility and, in some cases, interests in real property, that is houses, strata title home units and land.

There is a Supreme Court probate registry in each state of Australia that deals with probate applications. However, each state and territory has slightly different laws and processes in relation to probate. In New South Wales, it falls under the Probate and Administration Act 1898 and the Succession Act 2006; and under the Uniform Civil Procedure Rules 1999 and the Succession Act 2006 in Queensland.

Wills & Codicils

A will is defined as a legal document that provides instructions on who inherits your estate, who will become the guardian of your children, and appoints a person to be the executor of your estate when you pass away. In New South Wales, anyone over the age of 18, and anyone under 18 who is married or contemplating marriage, can make a will. The Court can also authorise a will to be made for a person lacking testamentary capacity under Part 2.2 of the Succession Act.

A codicil is a testamentary document similar but not necessarily identical to a will. In some jurisdictions, it can be used to amend a previously executed will.

At Budd & Piper Solicitors & Conveyancers, we are highly experienced in succession law, as well as handling wills, deceased estates, and obtaining probate of a will where that is necessary for the purpose of estate administration. For further information on how we can assist with your needs, speak with us today for an initial consultation.

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Since 1927

Budd & Piper Solicitors & Conveyancers has been serving the people of Tweed Heads, Northern New South Wales, and Gold Coast, Queensland since 1927. We strive to provide honest, reliable, and affordable legal services, handled by our experienced and trusted legal team. Our range of services also includes: