Professional Executor & Trustee in New South Wales

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Chua Tan Associates acts as independent executor, trustee and administrator for estates with assets in New South Wales, including for families who live in Melbourne, interstate or overseas. Here is how the NSW system works and where we fit in.

Probate in NSW

• Grants are made by the Supreme Court of NSW (Probate Registry). Most uncontested applications are filed through the NSW Online Registry.
• A Notice of Intended Application must be published online before the grant. An application made more than six months after death must explain the delay.
• Overseas grants: NSW reseals only grants from Commonwealth realm countries, such as the United Kingdom and New Zealand. Grants from Hong Kong, mainland China and most Asian jurisdictions cannot be resealed, so an executor usually needs a fresh NSW grant for NSW assets. We prepare that application and the supporting notarised and translated documents.

Executor’s commission

An executor may be allowed commission that the Court considers just and reasonable for their work, and the Court can reduce commission it considers excessive. Commission can also be paid without a court application if every adult beneficiary gives informed consent. A professional executor can charge only under a clear charging clause in the Will, which is why we explain our fees in writing before you sign.

When an adult loses capacity: NCAT

The Guardianship Division of the NSW Civil and Administrative Tribunal (NCAT) can make a financial management order and appoint a financial manager. A private manager can be a family member or another individual, such as a solicitor, and is supervised by NSW Trustee and Guardian, which approves the management plan, reviews annual accounts and must approve any payment to the manager.

Where family members disagree, live overseas or have a conflict, we are available for appointment as an independent private manager. If an order has already been made in another state, NCAT can recognise it so the manager can act in NSW.

Family provision claims and “notional estate”

Under the Succession Act 2006 (NSW), eligible family members have 12 months from the date of death to claim further provision. NSW is unusual: the Court can treat assets that passed outside the Will — jointly owned property, superannuation and some gifts made before death — as notional estate available to meet a claim. Families who rely on joint tenancy to pass NSW property should take advice; an independent executor helps manage these claims fairly.

The government alternative

NSW Trustee and Guardian can also act as executor or financial manager. Families choose a private professional when they want a named contact, cross-border coordination and service in Mandarin or Cantonese.

How we work in NSW

We act from Melbourne and online, file through the NSW Online Registry, and bring in trusted Sydney practitioners — conveyancers, valuers and accountants — where your assets need local hands. Your family deals with one point of contact.

General information only, not legal advice, current as at October 2026.