Probate
Timely Lodging of a Grant
We sometimes get calls from clients who are concerned they need to engage our services to start working on the estate within a couple of days of their loved one’s passing. We generally advise these clients that there is no rush and that there is not much we can do until the Death Certificate has … Read more
What if I don’t want to be an executor?
Someone you know has died and you find out that you have been appointed as an Executor of their Will. As an Executor, you will need to prove their Will to the Probate Office and then administer the estate. You might not have known they had appointed you and you don’t want to or don’t … Read more
Foreign Beneficiaries and the FIRB
There used to be an exemption for property acquired under a Will. That changed in January 2021 when that exemption was removed. A beneficiary of Australian property under a Will who is not ordinarily resident in Australia (which includes both foreign citizens and Australian citizens residing overseas) is now required to obtain approval from the … Read more
Transfer of Property on Death
Ever wonder what happens to your property when you die? Well, it all depends on how the property was owned during your lifetime. If you currently own property as joint proprietors with another person, this property will go to the surviving proprietor on the death of one. When this happens, we would complete an Application … Read more
What happens after Probate?
Once it has been determined that a Grant of Representation is required and it has been obtained, it is now time to deal with the assets of the estate. The first step is for the executors to decide what to do with each asset. Any assets that have been specifically gifted to a beneficiary will … Read more
What is Probate?
Simply put, Probate is a court issued document that confirms the Will of the deceased is valid and validates the appointment of the person nominated as Executor in the Will. The Executor will need to obtain a Grant of Probate before they can administer and distribute the estate. The official term for Probate is a … Read more
When Is Probate Needed?
One of the main questions we get asked by clients is ‘do I need to get Probate?’. The answer is not always a simple yes or no. To determine whether or not probate is needed we need to look at what assets were held by the deceased at the time of their death. Before … Read more