VIC Wills, Powers of Attorney, Probate and Letters of Administration publications have been updated to take into the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy. Our commentaries contain details of the changes the amending Act introduces.
VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced
ALERT: The Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commenced on 1 November. Changes are made to ademption, executor commission and distribution on intestacy.
QLD – Estates – Applications for grants
From 24 November 2017 notices of intention to apply for grant need only be advertised in the Queensland Law Reporter – and not in a newspaper: Supreme Court Practice Direction 14 of 2017.
Estates VIC
DECEMBER
- Added to Further Information – link to LIV Capacity Guidelines and Toolkit
- Update link regarding AFSA notes on making deceased estate bankrupt
OCTOBER
- Initial letter to executor confirming instructions/Initial letter to spouse executor – Added paragraph on SRO notifications regarding interim distribution.
- Commentaries – Author update on superannuation – notification of death and disappointed beneficiaries.
- Commentaries – Update on deceased estates and foreign resident capital gains withholding payments.
- New LINKS TO LPLC guide for executors.
- New precedent – Letter to attorney re signing acceptance.
- Costs Agreements
- Included reference to time limit for bringing costs assessment, total estimate of legal costs section with provision for variables, and authority to receive money into trust.
- Disputes section improved, fields for client and firm details added, trust account details added, solicitor’s lien added, execution clauses for individuals and corporations added and general formatting and grammatical improvements.
SEPTEMBER
- To do list – two new precedents summarising activities to be undertaken in a Probate or Administration matter.
- Update links to Second Schedule to the Trustee Act 1958.
- Addition to commentaries regarding whether cause of death might give rise to any compensation or damages.
JUNE
- LINKS TO Supreme Court Victoria – Probate Online Advertising System – Reseal advertisement – This precedent previously just contained a link to the POAS web site. It now also contains three examples of advertisements for reseal of probate, reseal of letters of administration and reseal of administration will annexed.
MAY
- New precedent – Initial letter to creditor confirming account.
- Letters of Administration Commentary – Update to Administrator commission content re Professional administrators.
APRIL
- File Cover Sheets for all publications have been completely re-formatted for a better look.
- New precedent added to Probate guide – Exemplification or office copy request
- New content added to commentary re:
- deceased intestate;
- renunciation;
- documents required for grant of probate;
- marks on wills;
- multiple copies of will;
- testamentary capacity;
- distribution;
- accounts;
- further information links.
FEBRUARY
- Making life a little easier for practitioners – look out for Blank Deed, Agreement and Execution Clauses folder in the matter plan at the end of each Getting the Matter Underway.
- In Probate and Letters of Administration VIC guides the commentary on dealing with the administration of assets has been expanded. What points should be considered in the sale of assets and distribution of the estate? What taxation, investment, debt, accounting and cost disclosures should be considered?