In 1902 an executor was unable to find or identify a beneficiary of an estate. This case gave rise to the term “Benjamin Order”. In this case, the Court decreed that when an Executor is faced with uncertainty on who should be a beneficiary of an Estate, that Executor has the right to seek a declaration from the Court on who should benefit. Once this declaration is made the Executor is no longer liable if they distribute the Estate to who they believe are the correct beneficiaries, even if more entitled beneficiaries are subsequently discovered.Continue Reading
How Much Does Probate Cost in NSW?
In NSW, when you apply for a Grant of Probate, the application must be filed with the Supreme Court of NSW. All matters concerning wills, estates and will disputes are dealt with by the Supreme Court.
The application for Probate to the Supreme Court includes the following:
- a Death Certificate
- the Will (including codicils)
- the Probate
- a Summons for Probate signed by a Legal Practioner
- an Inventory of Property detailing the Deceased Person's Assets and Liabilities
- an Affidavit from the Executor
To file an application for probate with the Supreme Court, a filing fee is payable. This fee is set by the Supreme Court and is based on the value of the estate’s assets. Generally, these fees may be reimbursed from the Estate of the deceased once a Grant of Probate has been issued.
Probate Filing Fees for 2018 in NSW
Costs for legal services for probate and administration are scaled in accordance with Schedule 3, Legal Profession Uniform Law Application Regulation 2015. These costs are based on the value of the estate’s assets. We will provide you with a costs estimate once you inform us of the value of the estate.
In 2018 the current Probate filing fees for the Supreme Court, will depend on the estimated value of the assets of the deceased Estate that are located in NSW. The current filing fees are:
- For an Estate valued at less than $100,000 no filing fee is payable.
- For an Estate valued between $100,000 and $250,000 the filing fee is $733.
- For an Estate valued between $250,000 and $500,000 the filing fee is $995.
- For an Estate valued between $500,000 and $1 million the filing fee is $1,525.
- For an Estate valued between $1 million and $2 million the filing fee is $2,032.
- For an Estate valued between $2 million and $5 million the filing fee is 3,387.
- For an Estate valued over $5 million the filing fee is $5,646.
Additional fees may be charged by the Court for other Probate related actions including:
- Lodging a Caveat against a Grant of Probate costs between $43 and $86 dependent on whether the person lodging is an individual or a corporation.
- A Summons to Revoke a Grant of Probate costs between $1,101 and $3,014 dependent on whether the person lodging is an individual or a corporation.
- Filing the Accounts of the deceased Estate costs between $403 and $923 dependent on whether the person lodging is an individual or a corporation.
- A certified copy of a Will or a Grant of Probate costs $140.
- Depositing a Will with the Court for safe keeping costs $128.
- Contesting a Probate Application costs between $1,101 and $3,014 dependent on whether the person lodging is an individual or a corporation.
- It is important to remember that the filing fees and other charges by the Court generally increase every July so that the current charges may increase in July, 2018.
If you're an executor and you need to apply for probate, but you're not sure where to start, Get In Touch with our Probate Lawyers for assistance. You're first consultation is free of charge and it will give you peace of mind and the confidence to navigate the process with expert advice.