NSW Probate records AFTER 1985?

[Mamac]

Hi all, I know the State Library NSW holds microfiche pre 198, but can anybody tell me which government body would hold Wills/Probate records post 1985? I'm searching for a possible Will of Milton Francis McGuire, who died 30 October 1985.

[majm]

Hi all, I know the State Library NSW holds microfiche pre 198, but can anybody tell me which government body would hold Wills/Probate records post 1985? I'm searching for a possible Will of Milton Francis McGuire, who died 30 October 1985.

IF probate was sought, then the NSW Supreme Court, Probate Division would have dealt with it and they have control of those files.

Are you certain it went to Probate?   

https://www.records.nsw.gov.au/archives/collections-and-research/guides-and-indexes/probate-packets-wills-guide

JM

[Mamac]

Hi all, I know the State Library NSW holds microfiche pre 198, but can anybody tell me which government body would hold Wills/Probate records post 1985? I'm searching for a possible Will of Milton Francis McGuire, who died 30 October 1985.

IF probate was sought, then the NSW Supreme Court, Probate Division would have dealt with it and they have control of those files.

Are you certain it went to Probate?   

https://www.records.nsw.gov.au/archives/collections-and-research/guides-and-indexes/probate-packets-wills-guide

JM

Hi JM,
No I'm not certain he even had a Will or whether it went to probate. That's what I'm trying to ascertain. Thanks for the link, I will try and see if they might have a record.
Thank you for helping me.

[Mamac]

A response from the State Library of NSW, who conducted a most useful search for me.

"I searched for Milton McGuire in the NSW Probate index and he was not listed. I searched the Sydney Morning Herald for a death notice or funeral notice to see if family members were listed and I was not able to find an entry. I searched for 6 moths after Milton McGuire's death in legal notices and could not a notice relating to his estate.

The published probates online was searched and could not locate Milton McGuire. https://onlineregistry.lawlink.nsw.gov.au/content/search-probate-notic...etc
The Supreme Court holds Probate Records from 1977 to present, the inventory of property is only available to executors, administrators, residual beneficiaries, and applicants who have commenced proceedings in contested family provision claims (case number must be advised).

Unfortunately I have been unable to locate the information you want."

[majm]

A response from the State Library of NSW, who conducted a most useful search for me.

"I searched for Milton McGuire in the NSW Probate index and he was not listed. I searched the Sydney Morning Herald for a death notice or funeral notice to see if family members were listed and I was not able to find an entry. I searched for 6 moths after Milton McGuire's death in legal notices and could not a notice relating to his estate.

The published probates online was searched and could not locate Milton McGuire. https://onlineregistry.lawlink.nsw.gov.au/content/search-probate-notic...etc
The Supreme Court holds Probate Records from 1977 to present, the inventory of property is only available to executors, administrators, residual beneficiaries, and applicants who have commenced proceedings in contested family provision claims (case number must be advised).

Unfortunately I have been unable to locate the information you want."

That response from NSW State Library is giving me every confidence that there was no application for NSW Probate. 

Have you obtained NSW BDM d.c. and sought to follow up with the informant named or the descendants of either marriages listed on that d.c.?

JM

[majm]

    

(Adding the following to top of this reply  )
Here is part of a thread that may provide some background info as to the difficulties faced with these more recent NSW searchings ....  perhaps have a good read from around reply #40 to reply #45 ... and #50 to conclusion...    https://www.rootschat.com/forum/index.php?topic=757493.0 

So aside from Covid issues, the general public is not expected to be seeking direct access.
.........

Originally my reply commenced here :

Hi There,
Just in case you are not aware of the NSW Supreme Court, Probate Division's practices here's a paragraph from one page of their in depth website...

Section 54 of the Succession Act 2006 provides that the person, who has possession or control of the Will of a deceased person must allow certain people to inspect it, or be given copies of it, at the expense of the requesting person.

https://www.supremecourt.justice.nsw.gov.au/Pages/sco2_probate/Getting%20copies%20and%20access.aspx 

<sub>The people who are entitled to view and/or obtain a copy of the Will under s 54 are:

a person named in the latest will;
a person named as a beneficiary in an earlier will;
the surviving spouse, de facto or issue (child, grandchild etc) of the deceased person;
a parent or guardian of the deceased person;
a person who would be entitled under intestacy (if the deceased person had no Will);
any parent or guardian of a minor named in the will or entitled under intestacy;
any person (including a creditor) who may have a claim against the estate of the deceased;
the manager of the person's estate immediately prior to their death, appointed under the NSW Trustee and Guardian Act 2009; or
any attorney under an enduring power of attorney made by the deceased person.</sub>





JM

[Mamac]

That response from NSW State Library is giving me every confidence that there was no application for NSW Probate. 

Have you obtained NSW BDM d.c. and sought to follow up with the informant named or the descendants of either marriages listed on that d.c.?

JM
[/quote]

I have applied for the death cert and expect it soon. I would surmise that the informant would probably have been his 2nd wife, whom I've just discovered a postal address for. I will write to her and hope she is willing to part with the information. But not knowing me from Adam and only being a distant relative, she might not be so forthcoming...

Thanks for your always insightful information and links. I appreciate it :-)

[majm]

Thank you for your kind words.  I wish you every success in your quest.

JM.