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Probate

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PROBATE is proving the Will. Official recognition that the Will is valid or seen as making the will a court order. Since the 1st October 1999 the Uniform Procedure Act has applied and has considerably simplified the Probate procedure. In Queensland there are still no pre-printed forms acceptable to the Supreme Court at this stage.

LETTERS OF ADMINISTRATION WITH A WILL when an executor is unable or unwilling to act.

LETTERS OF ADMINISTRATION ON INTESTACY when the deceased left an estate and no Will.

RESEAL OF GRANTS UNDER BRITISH PROBATES ACT 1898 OR EXEMPLIFICATION when the estate or part of the estate is overseas or interstate and probate was granted at that place.

All the information to process any of the above is contained in the Probate Kit, the Deceased Estate Kit and the Complete Kit.

Includes back-up service to check your drafts before advertising. Suggest check Form 103, NOTICE OF INTENTION TO APPLY FOR GRANT before advertising, as there is a fourteen days period to check the balance of forms before filing in the Supreme Court. There is now a version 2 Form 103 advertisement which can be expected to incur a lower advertising charge e.g. Courier Mail $223 lower than previous $430 approx.

Anyone with a typewriter, word processor or computer e.g. school child with computer and five sheets of paper could expect to have probate completed within six weeks or less for a total of a little over $1000 for most applicants. A client lodged on Monday, 16th August 2004 and the Grant completed in the Supreme Court 18th August, 2004. How's that for service in the Supreme Court. Fantastic! In 2008 the Court is taking a little longer due to a massive increase in applications being made. Expect to wait 5 weeks.

Should you not be able to access the court readily,suggest include a stamped self addressed envelope for quick service. The Court provides a service whereby information on when documents are received by the Court are recorded on a website within a couple of days of filing and the date the Grant is made is usually published on the website the following Monday.The information regarding accessing this service is provided in the Kit.

The Probate Kit

Contains instructions for Probate, Letters of Administration with a Will and Letters of Administration on Intestacy.

Probate Kit small

See the Probate Kit Table of Contents

Price: $100 Postage and Handling $5.50 (if required)

From 1st July 1999 the new Uniform Civil Procedure Rules was intended to commence, however this was extended to 1st October.

Death Duties were a separate matter, first introduced in Australia in 1914 to pay for a war and first abolished in Queensland 1976 (Gift Duties 1977) later Federal Estate Duties in Australia 1978, then Federal Government introduced Capital Gains Tax on purchases from 19th September 1985.

PROBATE means PROVING A WILL. Official recognition that a will is legally valid.

When the original will is lost and a copy only is available, proceed as in probate and when filing in the court include an Application Form 9 Rule 32, page DE53, now required only at the discretion of the registrar (see this office) and its supporting affidavit/s which explains the circumstances of how the will was lost. Include as exhibits any documents tendered as evidence e.g. letters from anyone who may have touched or sighted the original will.

LETTERS OF ADMINISTRATION WITH A WILL is when an Executor named in the will is unable or unwilling to act.

LETTERS OF ADMINISTRATION ON INTESTACY is when there is no will. Afterwards Real Estate would be a Transmission by Personal Representative( Grant in Queensland) Form 5.

RESEAL OF GRANTS UNDER THE BRITISH PROBATES ACT 1898 or EXEMPLIFICATION is when the estate or part is overseas or interstate, and probate was granted at that place, should there be estate or debts owing in Queensland or the court or registrar requires it for another reason.

Superannuation, insurances, shares in companies and too much money in the bank, leasehold land when the gross estate exceeds $150,000 and the minister does not give consent to the transmission cause probate to be required.

PROOF IN SOLEMN FORM may be required when a claim is made against a grant.

ALL PROPERTY IN JOINT NAMES IS NOT SUBJECT TO PROBATE.

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