What is Probate and when is it required?

08-03-2019

What is Probate:

It is the official recognition by the Supreme Court that a Will is legally valid and those named as executors are authorised to administer the deceased person’s estate.

Why do I need to apply:

Certain organisations such as banks, nursing homes, superannuation companies and the Titles office may not release the assets or funds held without sighting either the original Grant of Probate or a certified copy.

You don’t always need to apply for Probate, especially if the value of the asset is low.  It is always recommended that you check with these types of organisations before applying for Probate.

Many people obtain a Grant of Probate simply for the protection it affords the executor. If a later Will is discovered, the executor of the probated Will cannot be sued by the executor of the later Will for actions taken by the first executor pursuant to the court’s authority through the Grant of Probate. The exception is where the existence of the later Will was known and not disclosed by the first Executor in the probate application.

 

Why do I need assistance with applying for Probate:

Succession Law can be quite complex and each estate will have its own specific circumstances.  Whilst the blank court forms are available online, the Supreme Court can not provide legal advice on how to prepare the documents.  Documents that are not completed correctly can result in extra costs and delays to the estate.

 
Scott Lorback 
Solicitor/Associate Director

 

 

: