Probate & Administration
The estate, handled steadily
Probate, letters of administration and the work that follows a death, done by lawyers who deal with the court, the banks and the beneficiaries so the executor does not have to carry it alone.
What we do
Probate and administration, by step
When someone dies, their property cannot simply be collected and shared. A bank, a share registry or the land titles office will usually want a grant from the Supreme Court first: probate where there is a will, letters of administration where there is not. We obtain the grant, then administer the estate, or support an executor who wants to do the work with a lawyer behind them.
Probate
When there is a will
The grant that lets the executor deal with the bank, the property and the super fund.
No will
Letters of administration
Who can apply, who inherits under the intestacy rules, and how the estate is finalised.
Executors
The job, explained
What an executor must do, in what order, and where the personal risk sits.
01
Probate
When there is a will
Probate is the court’s confirmation that the will is valid and that the executors named in it may act. Most estates with real property, a bank balance above the institution’s threshold or a share portfolio need it. We prepare and file the application, deal with the court’s requisitions, and advise on the estates where a grant can be avoided altogether.
- Applications for probate
- Informal or damaged wills and lost originals
- Executors who have died, renounced or cannot act
- Reseals of interstate and overseas grants
02
Letters of administration
When there is no will, or no executor
Without a will the intestacy rules decide who inherits, and the closest eligible relative applies to administer the estate. Where there is a will but no executor able to act, the application is for letters of administration with the will annexed. We advise on who is entitled to apply, obtain the consents the court requires, and manage the estate once the grant is made.
03
Administering the estate
What the executor must do, in order
An executor collects the assets, pays the debts and the tax, keeps accounts, and distributes to the beneficiaries. Each step has a sequence and a risk: distribute too early and the executor can be personally liable to a creditor or a claimant. We run the administration, or support an executor who wants to, including the estate tax returns, the sale of property and the final distribution.
- Identifying and securing assets
- Creditor notices and paying debts
- Estate tax returns and capital gains on sales
- Distribution statements and releases
04
Businesses, trusts and super in an estate
The assets a grant does not reach
Company shares pass under the will, but the business keeps trading and someone has to run it in the meantime. A family trust and superannuation usually sit outside the will altogether, controlled by the trust deed, the appointor clause and the fund’s binding nomination rules. We deal with these assets as a commercial firm would: who controls them now, what the documents allow, and how the estate and the business are kept apart.
05
Contested estates
Family provision claims and challenges to a will
An eligible person left out of a will, or left with less than they need, can apply to the court for provision from the estate within a limited time after the grant. A will can also be challenged for lack of capacity or undue influence. We act for executors defending the estate and for claimants, and most of these matters settle at mediation once the evidence is on the table.
How we work
Three steps
01
A first conversation
You tell us what the deceased left and whether there is a will. We tell you whether a grant is needed, what the steps are and what it will cost.
02
The application
We prepare the application and the supporting affidavits, publish the required notices and file with the court.
03
The administration
With the grant in hand we collect, pay, account and distribute, and keep the beneficiaries informed along the way.
Who you will work with
Consultant Lawyer
Damian Bourke
A lawyer, nationally accredited mediator and family dispute resolution practitioner, with thirty years in property development and finance and earlier work as a building surveyor and inspector. Damian has sat on the client’s side of complex deals and brings both commercial judgment and steadiness to a hard matter.
Special Counsel
Rebecca McAllum
More than ten years across litigation, corporate and commercial law and regulatory matters, with a Bachelor of Laws (Hons) from Auckland and a Masters from Oxford. Rebecca is known for clear, strategic advice and for finding the practical outcome in a complex dispute.
Client feedback
Voices of excellence
Live rating and reviews from the firm’s Google Business Profile.
Common questions
Probate questions, answered
Is a grant always needed?
No. Small estates, jointly held property and assets with a binding nomination can often be dealt with without one. Whether a grant is needed depends on what the deceased owned and what each institution requires, which is the first thing we check.
How long does probate take?
Once the application is filed, an uncontested grant is usually issued within weeks, depending on the court’s workload and whether it raises requisitions. The administration that follows takes longer, and an executor is generally wise not to distribute until the period for family provision claims has passed.
Is an executor personally liable?
The estate pays its own debts and costs, but an executor who distributes before the debts are known, before tax is dealt with, or before the claim period has run can be personally liable. Most of the risk is avoided by doing the steps in the right order.
Who pays the legal costs?
The reasonable costs of obtaining the grant and administering the estate are paid from the estate, not by the executor personally. We quote the application before it starts and the administration by stage.
Also relevant
Related services
Related reading
Probate & Estate Administration reading
Articles and briefings from the firm on this area. Plain English, no lecture.
Next step
Named as executor, or dealing with an estate without a will?
Tell us what has happened and we will tell you whether a grant is needed, what the steps are and what it costs.