Estate Administration | By Lawyers
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Estate Administration

NSW

This publication assists practitioners in New South Wales who are acting for executors and administrators in estate matters.

3 Matter Plans

Overview

The publication comprises 2 guides to assist practitioners in obtaining a grant of probate or letters of administration. The commentaries cover obtaining the grant, collecting the assets, and distributing the estate in accordance with the will or the rules of intestacy.

The Reference materials folder includes guidance on electronic signing and remote witnessing, and the Getting the matter underway folder contains essential compliance and client engagement documents. The comprehensive Retainer Instructions ensure that all necessary information is gathered from the client at the outset of the matter.

Also included is 101 Succession Answers (NSW), which is a useful reference guide.

Precedents in this publication include:

  • Letters to the executor or administrator and beneficiaries at various stages;
  • Libraries of letters to asset holders – initial and final;
  • Letters and forms for executor or administrator commission;
  • Deeds of release and indemnity;
  • Deeds of family arrangement;
  • Statement of assets, liabilities, and distribution;
  • Letter to beneficiaries with distribution;
  • Final letters to executor or administrator – concise and extensive.
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3 Matter Plans Included

  • Item icon ALERTS - Nil
  • Item icon Full Commentary - Probate (NSW)
  • Folder icon Reference materials
    • Item icon AI Prompts
      An AI prompt defines a specific task for AI to perform, like drafting a particular document, and provides clear instructions on how to execute that task. The goal is for the AI to quickly create a useful first draft of a document, which the user verifies and refines into a final version, ultimately ...

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    • Item icon Looking to the Future
    • Item icon Electronic Signing and Witnessing
    • Item icon 101 Succession Answers for New South Wales
      Including:

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    • Item icon 101 Costs Answers
    • Folder icon Papers and articles - Wills and estates
      • Item icon Estate planning - An exciting opportunity for small law firms
      • Item icon Executor's commission 1 - Executor's commission and the professional executor
      • Item icon Executor's commission 2 - Horns of a dilemma
      • Item icon Executor's commission 3 - A fiduciary duty
      • Item icon Improving written submissions - A paper by Judge Alan Troy
      • Item icon Plain language – A paper by the Hon. Michael Kirby AC CMG
      • Item icon To accept or not accept instructions in urgent will matters
      • Item icon Wills and estates - Death in the house
    • Item icon Further information
  • Item icon Overview
    In an estate matter, 4 types of grants are available:

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  • Item icon Summary of the process
    The usual steps in applying for a grant of probate include:

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  • Folder icon A. Getting the matter underway
    • Item icon File cover sheet - Probate
    • Item icon To do list - Probate
    • Item icon First steps
    • Item icon Client details and verifying identity
    • Item icon Taking instructions in probate matters
      What the instructions must establish The Retainer Instructions – Estate Administration on the matter plan assists in obtaining comprehensive instructions from the outset.

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    • Item icon Retainer instructions - Estate administration
    • Item icon Privacy collection notice
    • Item icon Conflict of interest check
    • Item icon Initial letter to client with costs disclosure - Probate - Concise
    • Item icon Initial letter to client with costs disclosure - Probate - Extensive
    • Item icon Executor checklist
    • Item icon Costs disclosure
      A lawyer acting in a probate matter should provide disclosure of the:

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    • Item icon Costs agreement - Estate administration - NSW
    • Item icon Standard costs disclosure form for clients - Fees under $3000
    • Item icon Time and costs estimates
    • Folder icon If required - Updating costs disclosure
      • Item icon Letter to client updating costs disclosure
      • Item icon Charge securing costs
      • Item icon Guarantee securing costs
      • Folder icon Costs disclosure before settlement in litigation matters
        • Item icon Letter to client - Costs disclosure before settlement - NSW, VIC, and WA
        • Item icon Letter to client - Costs disclosure before settlement - QLD, SA, TAS, ACT, and NT
    • Folder icon General deeds, agreements, execution clauses, and statutory declarations
      • Item icon Deeds and Agreements
      • Folder icon Deeds
        • Item icon Deed for general use
        • Item icon Deed of guarantee
        • Item icon Deed of release
        • Item icon Confidentiality deed
        • Item icon General deed of indemnity
        • Item icon Deed of assignment of agreement
        • Item icon Deed of gift
        • Folder icon Library of standard clauses for deeds
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of deed - All parties
          • Item icon Confidentiality for terms of deed - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Agreements
        • Item icon Agreement for general use
        • Item icon Heads of agreement
        • Item icon Mediation agreement
        • Item icon Non-disclosure agreement - Formal
        • Item icon Non-disclosure agreement - Informal
        • Folder icon Library of standard clauses for agreements
          • Item icon Amendment
          • Item icon Confidentiality for defined information - All parties
          • Item icon Confidentiality for defined information - One party
          • Item icon Confidentiality for terms of agreement - All parties
          • Item icon Confidentiality for terms of agreement - One party
          • Item icon Costs
          • Item icon Counterparts
          • Item icon Dispute resolution
          • Item icon Events beyond control
          • Item icon Governing law and jurisdiction
          • Item icon Interpretation
          • Item icon No assignment
          • Item icon Notices
          • Item icon Severance
          • Item icon Waiver
          • Item icon Whole agreement
      • Folder icon Execution clauses
        • Folder icon Library of execution clauses for agreements
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
          • Item icon Individual - No witness
        • Folder icon Library of execution clauses for deeds
          • Item icon Attorney
          • Item icon Authorised officer
          • Item icon Company
          • Item icon Company - Sole director
          • Item icon Individual
      • Folder icon Statutory declarations
        • Item icon Commonwealth statutory declaration
        • Item icon Statutory declaration - blank - ACT
        • Item icon Statutory declaration - blank - NSW
        • Item icon Statutory declaration - blank - VIC
        • Item icon Statutory declaration - blank - QLD
        • Item icon Statutory declaration - blank - TAS
        • Item icon Statutory declaration - blank - SA
        • Item icon Statutory declaration - blank - WA
        • Item icon Statutory declaration - blank - NT
        • Item icon Standard annexure note for documents
  • Folder icon B. Initial considerations
    • Item icon Remains and funeral arrangements
      Testators commonly give directions in their will regarding funeral arrangements or organ donation. Such directions are not binding on an executor or appointed administrator. An executor is responsible for dealing with the deceased's remains and is entitled to possession of the body. If there is no ...

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    • Folder icon If required - Application for cremation
      • Item icon Remains and funeral arrangements
        Testators commonly give directions in their will regarding funeral arrangements or organ donation. Such directions are not binding on an executor or appointed administrator. An executor is responsible for dealing with the deceased's remains and is entitled to possession of the body. If there is no ...

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      • Item icon Application for Permission for Cremation (Other than Still-Born Children) with statutory declaration – NSW Health
      • Item icon Statutory declaration - blank - NSW
    • Item icon Obtaining the death certificate
      The death certificate is the foundational document for either an application for probate or dealing with the estate assets if no grant is required. The funeral director typically registers the death and applies for the death certificate.

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    • Folder icon If required - Application for a death certificate
      • Item icon Letter to NSW Registry of Births, Deaths & Marriages with hard copy application for death certificate
      • Item icon Application for a Death Certificate – NSW Registry of Births, Deaths & Marriages
    • Item icon Notification of death
      The most efficient way to notify multiple organisations of a death is online via the Australian Death Notification Service (ADNS). Before using this service, the death must be formally registered with the Registry of Births, Deaths and Marriages. A single ADNS notification informs participating ...

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    • Item icon Let organisations know that someone has died - Australian Death Notification Service
    • Item icon When a grant is required
      There is no statutory requirement to obtain a grant, but the transfer of land, the return of a nursing home bond, dealings in shares in public companies, and the release of bank deposits generally require a grant. In effect, any asset holder is entitled to insist on a grant. Most banks and ...

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    • Folder icon If required - Authorities to obtain will, documents, and payments
      • Item icon Letter to previous solicitor with authority from executor to obtain will
      • Item icon Authority from executor to obtain will
      • Item icon Letter to previous solicitor with authority to obtain documents
      • Item icon Authority to obtain will and other documents
      • Item icon Letter with general authority to obtain documents
      • Item icon General authority to obtain documents
      • Item icon Authority to receive payment with optional indemnity
      • Item icon Authority to act and obtain documents - ATO
    • Item icon Executors
      Accepting the role The role of an executor can be onerous, and those nominated do not always wish to accept it. Unless the executor has already intermeddled in the estate or receives a bequest in the will that is conditional on their acting as executor, there is nothing to stop them from renouncing ...

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    • Item icon Prompt for letter to executor summarising estate, responsibilities and action to be taken
    • Folder icon If required - Renunciation of probate
      • Item icon Renunciation of probate
        An executor appointed by a will who does not wish to act can resign from the role and renounce their right to obtain a grant of probate. This is done by signing a Renunciation of Probate, UCPR Form 123, available on the matter plan. This is filed with the application for a grant by someone else, ...

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      • Item icon Letter to renouncing executor with renunciation
      • Item icon Renunciation of probate
    • Folder icon Library of notification and request letters
      • Item icon Initial letter to accountant
      • Item icon Initial letter to Australian Taxation Office
      • Item icon Initial letter to bank or building society
      • Item icon Initial letter to Centrelink
      • Item icon Initial letter to company for debenture details
      • Item icon Initial letter to company for share details
      • Item icon Initial letter to creditor
      • Item icon Initial letter to employer
      • Item icon Initial letter to government department regarding motor vehicle registration
      • Item icon Initial letter to insurer for bond details
      • Item icon Initial letter to insurer for policy details
      • Item icon Initial letter to medical fund
      • Item icon Initial letter to Medicare
      • Item icon Initial letter to mortgagee
      • Item icon Initial letter to nursing home
      • Item icon Initial letter to stockbroker
      • Item icon Initial letter to superannuation fund
      • Item icon Initial letter to third party cancelling membership
    • Folder icon Library of government department death notification links
      • Item icon Advice of death form (SA116) – Services Australia
      • Item icon Executor/Administrator Request for information form (SS524) – Services Australia
      • Item icon Notification of a deceased person – Australian Taxation Office
      • Item icon Notification by mail of a deceased person – Australian Taxation Office
      • Item icon Application for Death Certificate – NSW Registry of Births Deaths and Marriages
      • Item icon Australian Death Notification Service – Australian Government
      • Item icon Notification of death – Australian Electoral Commission
    • Folder icon Library of bank death notification links and forms
      • Item icon Deceased Estate & Settlement Support When Losing a Loved One – CommBank
      • Item icon Let us know of someone's passing – CommBank
      • Item icon Support when someone passes away – Westpac
      • Item icon Losing a loved one | Managing their finances – NAB
      • Item icon Deceased Customer Notification – NAB
      • Item icon Bereavement Services – ANZ
      • Item icon Notify ANZ of a deceased customer – ANZ
      • Item icon Deceased estates – Macquarie Bank
    • Folder icon If required - Compensation request letters
      • Item icon Initial letter to motor accident insurer
      • Item icon Initial letter to workers compensation insurer
      • Folder icon Library of insurer notification links and forms
        • Item icon For people who have lost a family member – SIRA
        • Item icon NSW CTP Insurance | Make A Claim – AAMI
        • Item icon NSW Green Slip Claims – Allianz
        • Item icon Make a CTP Insurance Claim – GIO
        • Item icon CTP Green Slip Insurance Claims For NSW – NRMA Insurance
        • Item icon How to make a NSW CTP claim – Youi
        • Item icon In the event of a fatality – icare
    • Item icon Prompt for initial summary of estate assets and liabilities
    • Folder icon Beneficiaries
      • Item icon Beneficiaries
        A beneficiary is a person or entity entitled to a share of a deceased estate under a gift in a will. A named person is only a beneficiary if the will and the bequest are valid.

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      • Item icon Initial letter to beneficiary - Probate
      • Item icon Deed of disclaimer - Probate
      • Item icon Clause - Statutory declaration of beneficiary under will
      • Item icon Statutory declaration - blank - NSW
      • Item icon Application for exemplification
    • Item icon Challenging the validity of a will
    • Folder icon If required - Caveats
      • Item icon Caveats on grants
        Lodging a caveat against an application for probate or administration before the grant is ordered:

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      • Item icon Letter to caveator's solicitor for details - Probate
      • Item icon Letter to caveator for details - Probate
      • Item icon Letter to client re caveat
      • Item icon Caveat
      • Item icon Notice of withdrawal of caveat
  • Folder icon C. Applying for probate
    • Item icon How to apply
      Uncontested applications are lodged online using the Probate tab on the Supreme Court of New South Wales website and the NSW Online Registry. See the registry's frequently asked questions for guidance on using the online lodgment service, processing times, and payment of filing fees.

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    • Item icon Preparing information and documents
      Before filing an online application for probate, applicants should review the NSW Online Registry Applicant Checklist, which provides guidance on completing applications online and the information and documents required. Collating the relevant information into a single document, ready to copy into ...

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  • Folder icon D. Filing and processing the application
    • Item icon Online application
      All applications are made online. Applicants, or the lawyer acting on their behalf, must complete the following steps to lodge an application for probate online. A notice of intended application for probate, administration or reseal, UCPR Form 116, is published automatically as part of the online ...

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    • Item icon Probate – NSW Online Registry
    • Item icon Checklist - Information required for online grant applications
    • Item icon Letter to court enclosing original documents for online administration application
    • Item icon Affidavit of applicant
      The executor's affidavit includes details of:

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    • Item icon Additional affidavits
      Most uncontested probate applications are accommodated by the online application process. If necessary, the platform will prompt the applicant to upload additional affidavits addressing such issues as:

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    • Folder icon Library of estate affidavit clauses
      • Folder icon Introduction of deponent
        • Folder icon Legal practitioners
          • Item icon Affidavit clause - Principal of the firm that prepared will or testamentary document
          • Item icon Affidavit clause - Solicitor acting in current proceedings
          • Item icon Affidavit clause - Solicitor with carriage of matter employed by firm that prepared will or testamentary document
          • Item icon Affidavit clause - Solicitor with carriage of the matter formerly employed by firm that prepared will or testamentary documen
          • Item icon Affidavit clause - Solicitor without carriage of the matter employed by firm that prepared will or testamentary document
          • Item icon Affidavit clause - Supervising solicitor of firm that prepared will or testamentary document
        • Folder icon Personal representative and parties
          • Item icon Affidavit clause - Administrator - Contentious proceeding
          • Item icon Affidavit clause - Administrator - General
          • Item icon Affidavit clause - Any party
          • Item icon Affidavit clause - Applicant for letters of administration - Contentious proceeding
          • Item icon Affidavit clause - Applicant for letters of administration - General
          • Item icon Affidavit clause - Beneficiary - Contentious proceeding
          • Item icon Affidavit clause - Beneficiary - General
          • Item icon Affidavit clause - Executor - Contentious proceeding
          • Item icon Affidavit clause - Executor - General
        • Folder icon Attesting witnesses
          • Item icon Affidavit clause - Attesting witness
        • Folder icon Interpreter or translator
          • Item icon Affidavit clause - Interpreter or translator
          • Item icon Affidavit clause - Non-professional interpreter or translator
        • Folder icon Medical practitioners
          • Item icon Affidavit clause - Medical records witness
          • Item icon Affidavit clause - Treating general practitioner
          • Item icon Affidavit clause - Treating specialist medical practitioner
        • Folder icon Experts
          • Item icon Affidavit clause - Forensic document examiner
          • Item icon Affidavit clause - Other expert
        • Folder icon Lay witnesses
          • Item icon Affidavit clause - Carer or support worker
          • Item icon Affidavit clause - Employee of aged care facility
          • Item icon Affidavit clause - Employee of hospital
          • Item icon Affidavit clause - Family member
          • Item icon Affidavit clause - Friend
        • Folder icon Search for will witnesses
          • Item icon Affidavit clause - Custodian of the will or testamentary document
          • Item icon Affidavit clause - Person conducting searches
          • Item icon Affidavit clause - Person who located the will or testamentary document
        • Folder icon Institutional witnesses
          • Item icon Affidavit clause - Employee of organisation
          • Item icon Affidavit clause - Records officer
      • Folder icon Confirmation of death and marital status
        • Item icon Affidavit clause - Confirmation of death
        • Item icon Affidavit clause - Marital status of deceased
        • Item icon Affidavit clause - Will made before or after marriage
      • Folder icon Evidence relied on by deponent
        • Item icon Affidavit clause - Attesting witness relying on their signature
        • Item icon Affidavit clause - Attesting witness relying on their usual practice
        • Item icon Affidavit clause - Solicitor relying on attendance notes
        • Item icon Affidavit clause - Solicitor relying on file records
      • Folder icon Searches for the will or testamentary document
        • Item icon Affidavit clause - Enquiries of banks, hospitals, and other organisations
        • Item icon Affidavit clause - Enquiries of family members and close associates
        • Item icon Affidavit clause - Enquiries of the deceased's solicitor
        • Item icon Affidavit clause - Further enquiries and searches
        • Item icon Affidavit Clause - Search of the deceased's personal papers
        • Item icon Affidavit clause - Searches and enquiries undertaken - General
        • Item icon Affidavit clause - Searches of a safe deposit box
        • Item icon Affidavit clause - Searches of electronic records and devices
        • Item icon Affidavit clause - Searches of the deceased's residence
      • Folder icon Finding of the will or testamentary document
        • Item icon Affidavit clause - Finding of the will or testamentary document
        • Item icon Affidavit clause - Further will or testamentary document located
        • Item icon Affidavit clause - No will or testamentary document located
      • Folder icon Condition of the will or testamentary document
        • Item icon Affidavit clause - Condition of the will or testamentary document when located
      • Folder icon Identification of the will or testamentary document
        • Item icon Affidavit clause - Identification by handwriting
        • Item icon Affidavit clause - Identification of will or testamentary document filed or exhibited
      • Folder icon Alterations to the will or testamentary document
        • Item icon Affidavit Clause - Alteration duly executed made to a duly executed will or testamentary document after execution
        • Item icon Affidavit Clause - Alteration made to will or testamentary document before execution
        • Item icon PE - NEW - Clause - Affidavit content - Alteration not duly executed made to a duly executed will or testamentary document after executio
      • Folder icon Custody of the will
        • Item icon Affidavit clause - Custody of the will
      • Folder icon Instructions received
        • Item icon Affidavit clause - Further instructions received
        • Item icon Affidavit clause - Instructions given independently
        • Item icon Affidavit clause - Instructions received through an interpreter
        • Item icon PE - NEW - Clause - Affidavit content - Instructions received from deceased
      • Folder icon Knowledge and approval
        • Item icon Affidavit clause - Blind deceased
        • Item icon Affidavit clause - Illiterate deceased
        • Item icon Affidavit clause - Non-English speaking deceased
        • Item icon Affidavit clause - Will or testamentary document amended then read and approved by the deceased
        • Item icon Affidavit clause - Will or testamentary document read and approved by deceased
        • Item icon Affidavit clause - Will or testamentary document read discussed with and approved by deceased
      • Folder icon Witnesses to the execution
        • Item icon Affidavit clause - Attesting witness cannot be located
        • Item icon Affidavit clause - Attesting witness deceased
        • Item icon Affidavit clause - Attesting witness lacks capacity
        • Item icon Affidavit clause - Attesting witness signing later
        • Item icon Affidavit clause - Attesting witness with no recollection of execution relies on usual practice
        • Item icon Affidavit clause - Attesting witnesses present together
        • Item icon Affidavit clause - Defective attestation clause
        • Item icon Affidavit clause - Only available attesting witness
      • Folder icon Execution of the will
        • Folder icon MA. Voluntary execution
          • Item icon Affidavit clause - Voluntary execution by direction
          • Item icon Affidavit clause - Voluntary execution
        • Folder icon MB. Execution generally
          • Item icon Affidavit clause - Confirming signature of the deceased
          • Item icon Affidavit clause - Execution by audio visual link
          • Item icon Affidavit clause - Execution by direction
          • Item icon Affidavit clause - Physical incapacity when signing
          • Item icon Affidavit clause - Signature by mark
          • Item icon Affidavit clause - Standard execution of will or testamentary document
        • Folder icon MC. Irregularities of the will or testamentary document
          • Item icon Affidavit clause - Detached signature page
          • Item icon Affidavit clause - Irregular execution of will
          • Item icon Affidavit clause - Missing signature page
          • Item icon Affidavit clause - No attestation clause
          • Item icon Affidavit clause - Signature partly illegible
      • Folder icon Testamentary capacity
        • Item icon Affidavit clause - Testamentary capacity - Accountant
        • Item icon Affidavit clause - Testamentary capacity - Clinical examination by medical practitioner
        • Item icon Affidavit clause - Testamentary capacity - Cognitive assessment by medical practitioner
        • Item icon Affidavit clause - Testamentary capacity - Confirmed by opinion of examining medical practitioner
        • Item icon Affidavit Clause - Testamentary capacity - Discussions about will or testamentary document with deceased by medical practitioner
        • Item icon Affidavit clause - Testamentary capacity - Family member
        • Item icon Affidavit clause - Testamentary capacity - Hospital nurse
        • Item icon Affidavit clause - Testamentary capacity - Interpreter
        • Item icon Affidavit clause - Testamentary capacity - Lay witness
        • Item icon Affidavit clause - Testamentary capacity - Nursing home staff member
        • Item icon Affidavit clause - Testamentary capacity - Relevant medical history relied on
        • Item icon Affidavit clause - Testamentary capacity - Solicitor
      • Folder icon Incapacity of executor
        • Item icon Affidavit Clause - Incapacity of executor - Attorney
        • Item icon Affidavit clause - Incapacity of executor - Lay person
        • Item icon Affidavit clause - Incapacity of executor - Medical practitioner
        • Item icon Affidavit clause - Incapacity of executor - Other executor
      • Folder icon Suspicious circumstances
        • Item icon Affidavit Clause - Beneficiary present during instructions
        • Item icon Affidavit clause - Beneficiary simply arranged appointment with solicitor
        • Item icon Affidavit clause - Change from previous will or testamentary document
        • Item icon Affidavit clause - Reasons for excluding or reducing entitlement of a beneficiary
      • Folder icon Informal testamentary documents
        • Item icon Affidavit clause - Lay witness about informal testamentary document
        • Item icon Affidavit clause - Person who assisted in preparing informal testamentary document
        • Item icon Affidavit clause - Solicitor who prepared draft will
      • Folder icon Lost will
        • Item icon Affidavit clause - Accidental loss or destruction of will or testamentary document
        • Item icon Affidavit clause - Comparison of copy with original will or testamentary document
        • Item icon Affidavit clause - Deceased referred to executor or beneficiary or dispositive provision
        • Item icon Affidavit clause - Deceased regarded will or testamentary document as continuing in effect
        • Item icon Affidavit clause - Deponent has not observed any act of revocation of the will or testamentary document
        • Item icon Affidavit clause - Deponent made copy of original will or testamentary document
        • Item icon Affidavit clause - Deponent obtained copy of the will or testamentary document
        • Item icon Affidavit clause - Deponent recalls terms of original will or testamentary document
        • Item icon Affidavit clause - Deponent saw the original will or testamentary document
        • Item icon Affidavit clause - Failure to locate original will or testamentary document
        • Item icon Affidavit clause - Identification of copy of lost will or testamentary document
        • Item icon Affidavit clause - Last known custody of original will or testamentary document
        • Item icon Affidavit clause - Last known possession of original will or testamentary document
        • Item icon Affidavit clause - No expressed intention to revoke will or testamentary document
    • Folder icon Library of estate forms and affidavits
      • Item icon Affidavit
      • Item icon Affidavit confirming service of notice of proceedings
      • Item icon Affidavit of additional assets and or liabilities
      • Item icon Affidavit of attesting witness
      • Item icon Application for exemplification
      • Item icon Notice of intended distribution
      • Item icon Notice of motion for order passing accounts and for commission
      • Item icon Renunciation of probate
      • Item icon Will cover sheet
    • Item icon Letter to client after grant
  • Folder icon E. If required - Removal and replacement of an executor or administrator
    • Item icon Removal and replacement of an executor or administrator
  • Folder icon F. If required - Reseal
    • Item icon Applying for reseal
      An executor named in the grant or a person authorised under a power of attorney can apply for a reseal of the grant. The applicant may have to provide a security or guarantee to administer the estate: s 107(3).

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    • Item icon Online Registry - Notice of intended application for reseal
    • Item icon Summons for reseal
    • Item icon Affidavit of applicant for resealing
    • Item icon Inventory of property
    • Item icon Reseal
  • Folder icon G. If required - Executor commission
    • Item icon Entitlement to commission
      An executor is entitled to receive a payment, called commission, that is just and reasonable for their pains and trouble in administering the estate, provided they pass the estate's accounts: s 86 of the Probate and Administration Act 1898. In Re Estate Gowing; Application for Executor's ...

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    • Item icon Application for commission
      An application for commission is incidental to the verification and passing of the accounts with the court. See Passing the accounts. The process occurs in 2 stages:

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    • Item icon Agreement to pay commission
      Commission is usually agreed between the executor and the interested beneficiaries. Interested beneficiaries are those entitled to receive the residue of the estate out of which testamentary expenses, including commission, are usually paid.

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    • Item icon Letter to client requesting instructions for commission claim
    • Item icon Letter to beneficiary requesting agreement for commission claim
    • Item icon Notice of filing of accounts – Probate – NSW Online Registry
    • Item icon Notice of motion
    • Item icon Notice of motion clause - Orders for application for passing accounts and commission
    • Item icon Affidavit
    • Item icon Affidavit clause - Affidavit in support of application for executor commission
  • Folder icon H. Estate taxes, superannuation, and deeds of family arrangement
    • Item icon Estate taxes and duty
      An estate may be liable for:

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    • Item icon Superannuation death benefits and nomination
    • Item icon Deeds of family arrangement
      Deeds of family arrangement are agreements to vary the distribution of an estate set out in a will or arising on intestacy. Beneficiaries can agree to share the estate assets under this type of arrangement. Clients must be advised of all potential tax or duty implications of a deed of family ...

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    • Folder icon If required - Deeds of family arrangement
      • Item icon Deeds of family arrangement
        Deeds of family arrangement are agreements to vary the distribution of an estate set out in a will or arising on intestacy. Beneficiaries can agree to share the estate assets under this type of arrangement. Clients must be advised of all potential tax or duty implications of a deed of family ...

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      • Item icon Deed of family arrangement - Life tenant and remainderman
      • Item icon Deed of family arrangement
  • Folder icon I. Administering the estate
    • Item icon The administration task
      Administration is the stage between the grant and distribution. The estate lawyer's task on behalf of the executor is to collect the estate's assets, realise or transfer them as the will requires, pay the debts, funeral and testamentary expenses, and tax liabilities, and keep proper accounts, so ...

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    • Item icon Dealing with assets
      Assets generally need to be sold, transferred to the executor, or transferred directly to beneficiaries or to a trustee who will hold them for the beneficiaries. Before any asset is sold or transferred, the executor needs to determine what the will and the law authorise and require.

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    • Folder icon Verification of identity
      • Folder icon Library of identity and authorisation forms - NSW
        • Item icon Verification of identity certificate
        • Item icon Client authorisation
        • Item icon Identifier declaration
        • Item icon Identity agent certification
        • Item icon Australian Embassy/High Commission/Consulate certification form
    • Folder icon Library of letters and forms dealing with assets
      • Item icon General letter to cancel membership
      • Item icon General reminder letter
      • Folder icon Bank
        • Item icon Letter to bank or building society requesting account proceeds
        • Item icon Certificate of identity for bank withdrawal forms
      • Folder icon Real property
        • Item icon Transfers of real property
          Jointly owned property automatically passes to the surviving proprietor and is not dealt with under a will. An executor lodges a Notice of Death to transfer a joint tenant's interest to the survivor. For property that a deceased owned as a sole proprietor or tenant in common, the executor lodges a ...

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        • Item icon Foreign resident capital gains withholding payments
        • Item icon Transfer duty
          Concessional transfer duty is charged on a transfer of dutiable property from a deceased estate to a beneficiary: s 63 of the Duties Act 1997. This includes:

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        • Item icon Notice of death
        • Item icon Letter to bank or building society advising notice of death lodged
        • Item icon Transmission application by an executor, administrator or trustee
        • Item icon Transmission application by a devisee, beneficiary or next-of-kin
        • Item icon Transfer – Wills and Estates – PEXA Help Centre
        • Item icon Letter to bank or building society requesting consent to a transmission application
        • Item icon Acknowledgement under s83 of the Probate Act
      • Folder icon Insurance and superannuation
        • Item icon Superannuation death benefits
        • Item icon Letter to health insurer to cancel or transfer policy
        • Item icon Letter to superannuation fund requesting death benefit payment
        • Item icon Letter to deceased's insurer cancelling insurance
      • Folder icon Shares
        • Item icon Letter to company requesting transfer or redemption of debenture
        • Item icon Letter to company requesting transfer or redemption of shares
        • Item icon Transmission application - Company shares for deceased matters
        • Item icon Section 1071B Statement
        • Item icon Transfer of shares
      • Item icon Letter to beneficiary enclosing documents for transfer of motor vehicle registration
      • Item icon Letter to government department enclosing documents for transfer of motor vehicle registration
      • Item icon Transfer a vehicle registration due to the death of the registered operator – Service NSW
      • Item icon Letter to nursing home requesting refund
    • Folder icon If required - Gifts to charities
      • Item icon Letter to charitable institution beneficiary requesting details to pay residuary legacy
      • Item icon Letter to charitable institution beneficiary requesting details to pay pecuniary legacy
      • Item icon Letter to charitable institution beneficiary requesting details for specific legacy
    • Item icon Letter to client advising assets sold or transferred
    • Item icon Letter to creditor paying account
  • Folder icon J. Distribution
    • Item icon Distribution
      Generally, executors should not distribute an estate to the beneficiaries until the requirements of s 92 of the Probate and Administration Act 1898 and s 93 of the Succession Act 2006 have been met, and the estate's debts, liabilities, and relevant expenses have been satisfied. This is to ...

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    • Item icon Payment of debts
      All the deceased's assets are available to pay the estate's debts, including funeral and other testamentary and incurred expenses. Executors must not diminish an estate unnecessarily by paying claims they are not bound to pay. They should try to preserve specific bequests.

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    • Item icon Timing of distribution
      For the executor to have maximum protection under s 92 of the Probate and Administration Act 1898, both the 6-month period after a deceased's death and the specified period in the notice of intended distribution must have expired before the estate is distributed. Compliance protects the ...

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    • Item icon Specific gift
      A specific gift is a bequest of a distinguishable part of the estate, such as a house, an art collection, or shares. Specific gifts do not carry interest but do carry immediate income. All income from the deceased's date of death produced by property that forms a specific gift belongs to the ...

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    • Item icon Letter to beneficiary confirming provision of specific bequest
    • Item icon General legacy
      A general legacy is a pecuniary gift to a named individual or charity. It carries interest from the date it is payable but does not carry income. Unless otherwise indicated in the will, a general legacy is payable within 1 year of the testator's death. That period is known at common law as the ...

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    • Item icon Residuary estate
      The residuary estate is what remains after the debts and liabilities, the funeral, testamentary, and administration expenses, and all specific gifts and general legacies have been satisfied. A specific gift or general legacy that fails – because it has been adeemed, the beneficiary has predeceased ...

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    • Item icon Letter to beneficiary distributing residue
    • Item icon Class gifts
      Executors who fail to establish all the members of a class of beneficiaries of which they have notice may be personally liable for claims by class members who are missed. A gift to the testator's children, for example, includes children born outside marriage: s 5 of the Status of Children Act ...

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    • Item icon Charitable bequests
      For a gift to a charity, executors should:

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    • Folder icon If required - Interim distribution
      • Item icon Interim distribution
        An interim distribution to beneficiaries of part of their entitlement may be appropriate. Considering s 92 of the Probate and Administration Act 1898, an executor should only make an interim distribution when the estate has sufficient funds to cover all debts and liabilities and the final ...

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      • Item icon Letter to beneficiary on interim distribution enclosing statement for approval
      • Item icon Prompt for statement of assets, liabilities, and distribution
      • Item icon Statement of assets, liabilities, and distribution
    • Item icon Notice of intended distribution of an estate – Probate – NSW Online Registry
    • Folder icon Distribution prior to 6 months
      • Item icon Letter to client with final accounts and proposed distribution - Prior to 6 months
      • Item icon Letter to beneficiary on distribution - Prior to 6 months
      • Item icon Prompt for statement of assets, liabilities, and distribution
      • Item icon Statement of assets, liabilities, and distribution
    • Folder icon If required - Deeds of release and indemnity
      • Item icon Deed of release and indemnity - No grant
      • Item icon Deed of release and indemnity - Distribution - Without notice of claims
      • Item icon Deed of release and indemnity - Distribution - With notice of claims
      • Item icon Deed of release and indemnity - Executors commission
    • Folder icon Distribution after 6 months
      • Item icon Letter to client with final accounts and proposed distribution - After 6 months
      • Item icon Prompt for statement of assets, liabilities, and distribution
      • Item icon Statement of assets, liabilities, and distribution
    • Item icon Keeping proper accounts
      Executors are obliged to keep proper estate accounts to ensure they provide the beneficiaries with clear and accurate information. What is proper depends on the nature of the estate.

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    • Item icon Passing the accounts
      Passing an estate's accounts requires the executor's records to be verified and passed by the court. In so doing, the court acts as an auditor of the accounts maintained by the executor. Verifying and passing the accounts involves checking:

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    • Item icon Notice of intended objection to accounts – Form 143 – Uniform Civil Procedure Rules
  • Folder icon K. Finalising the matter
    • Item icon Letter to client finalising the matter - Estates - Concise
    • Item icon Letter to client finalising the matter - Estates - Extensive
    • Item icon Example invoice incorporating notification of client's rights - NSW
    • Item icon Invoice recital - Probate
    • Item icon Closing the file
    • Item icon File closing checklist
  • Item icon Comments and suggestions for By Lawyers

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