Mortgage Discharge After Probate

Summary

In New South Wales, discharging a mortgage requires probate to confirm the executors authority. Once probate is granted, the executor can repay the mortgage and lodge the discharge with NSW Land Registry Services. Before probate, the executor cannot discharge the mortgage but can prepare by gathering necessary documents and ensuring funds are available. Consulting a legal professional is advisable for specific guidance.

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Can we discharge a mortgage before the probate is granted in nsw
In New South Wales, it is generally not possible to discharge a mortgage before probate is granted. Probate confirms the executor's authority to manage the deceased's estate, including dealing with mortgages. Without probate, the executor typically lacks the legal authority to discharge the mortgage. For specific advice, it may be beneficial to consult a legal professional.
Can you please explain to client that she needs to wait until the probate is granted and then we can process the discharge of mortgage with Westpac in nsw
In New South Wales, the discharge of a mortgage typically requires probate to be granted first. This process confirms the executor's authority to manage the estate, including discharging mortgages. Once probate is granted, the executor can proceed with repaying the mortgage and lodging the discharge with the NSW Land Registry Services.
Is there anything that executor is required to action regarding discharge of mortgage before the probate is granted
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In New South Wales, before probate is granted, the executor generally doesn't have the authority to discharge a mortgage. However, they can prepare by gathering necessary documents and information related to the mortgage and ensuring estate funds are available to repay it once probate is granted. Consulting with a legal professional might provide more specific guidance.