KP Carmody & Co

Deceased Estates, Probate & Family Provision Claims

KP Carmody & Co are very experienced lawyers with respect to applications for Probate or Letters of Administration (where no Will has been left) and with the administration and finalisation of deceased estates. 

We can assist you with: 

• Applying for Probate or Letters of Administration
• Transfer of assets including land to beneficiaries
• Administration and winding up of estates; and
• Assistance with Family Provision Claims

Probate

KP Carmody and Co can help you apply to the Supreme Court of NSW for Probate in instances where there is a valid Will and you have been nominated as Executor of that Will.  The Supreme Court can then grant Probate, which authorises you to distribute the estate in accordance with the provisions of the Will.

Letters of Administration

In the somewhat complicated event that a valid Will has not been left, KP Carmody & Co can assist you with applying for Letters of Administration to the Supreme Court of NSW.  In these circumstances, there is legislation that details how an estate may be distributed and by whom.  The Supreme Court can appoint an Administrator to distribute the estate under the Wills, Probate and Administration Act 1898.

Family Provision Claims

There is a category of persons who are entitled to make a claim against the Will of a deceased person on the basis that they claim they have been unfairly treated by the deceased in his or her Will.  This category includes spouses, defacto spouses, children, other persons who were wholly or partly dependent on the deceased, a grandchild who was a member of the deceased's household and a person who was living in a close personal relationship with the deceased at the time of death. 

KP Carmody & Co can advise executors and possible claimants of their rights and responsibilities to any possible claims against a deceased estate.