ByLawyers News and Updates

Online probate notifications – ACT

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Online probate notifications have commenced in the ACT.

A named executor or administrator, as the legal personal representative of the deceased estate, has the responsibility to account for the assets and liabilities of the estate before distributing them by the terms of the Will.

In some cases, the estate assets may be released to the named legal personal representative of the estate, however to release certain assets a grant of probate must be obtained.

The legal personal representative commences an application in the probate list of the ACT Supreme Court. Until recently this required publication of a Notice of Intention to Apply in a daily newspaper circulating generally in the ACT. The notice is required to list the identity of the deceased, the date of death, and the date of the will. An application for probate is filed with the Court at least 14 days after this notice is published.

The ACT Supreme Court has amended the Court Procedures Rules 2006 (ACT), to introduce online probate notifications for:

  • a grant of probate;
  • a grant of letters of administration, on intestacy or with a will attached;
  • a reseal of a foreign grant.

Notices of Intention to Apply for a grant must now be published by completing the online form on the ACT Supreme Court website, not less than 14 days and not more than 3 months before the day the application is filed in Court.

The fee for publishing a notice is set out on the ACT Supreme Court website. A unique reference code is generated in the receipt from the online advertisement.

The By Lawyers ACT Probate and Letters of Administration commentaries have been updated accordingly.

ACT – Estates – New commentary

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Our ACT Estates publications have been enhanced to include new bespoke precedents – Costs agreement – Probate and Costs agreement – Letters of Administration, which can be found in folder A. Getting the matter underway in each of the respective publications.

These estate specific costs agreements are customised to suit an estate matter:

  • listing the work typically carried out;
  • listing fees and expenses typically incurred;
  • detailing for handy reference in a schedule the Supreme Court filing fees;
  • also providing in a schedule the solicitor administration costs that may be applicable.

With so much less work required these custom costs agreements will save you time on every estates matter.

The commentary in both Probate and Letters of Administration on distribution of the estate has also been enhanced to include a new section When can an executor safely distribute? covering the procedural requirements in the ACT to ensure the executor or administrator is protected.

ACT – Estates – New publication

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We are delighted to announce a new publication by our ACT author, Doug Dawson, being a Guide for Probate and Letters of Administration (ACT).

The guide features detailed commentary, a matter plan and all necessary forms and precedents for obtaining a grant, getting in the assets and making the distribution.

The practical nature of this publication allows the practitioner to:

  • take instructions via our comprehensive and methodical instruction sheet;
  • gather information readily using our library of initial letters to asset holders;
  • make an application for probate or letters of administration with ease and confidence;
  • have a deed of release and indemnity and a deed of family arrangement immediately available in the mater when required.

We invite ACT practitioners – and those in other states who may need to conduct ACT estate matters – to explore our Probate and Letters of Administration matter plans, to appreciate the practicality and value of our publication.

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