ByLawyers News and Updates

Probate Registry online applications – South Australia

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From Monday 26 November 2018, all applications for probate and letters of administration in the Supreme Court Probate Registry must be filed through CourtSA – the new electronic management system that is in the process of being introduced for all South Australian courts.

As at 15 October 2018, the probate registry no longer accepts paper applications. The Court has advised that any current paper transactions where a grant is not issued by 26 November 2018, will need to be re-lodged online through CourtSA.

It is expected that the online process will ultimately streamline applications and result in faster processing times, but there clearly will be some delay in the implementation phase, as no applications can now be filed until 26 November 2018.

Fees Update – Supreme Court Probate Office – VIC

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New probate filing fees

On 30 September 2018 the Supreme Court (Fees) Regulations 2018 introduces new filing fees for the Supreme Court of Victoria’s probate office.

The By Lawyers Victorian Estates Guide have been updated to reflect these changes.

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.

New publication – NSW 101 Succession Answers, including Appointments of Enduring Guardian and Powers of Attorney

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We are delighted to release the latest in our 101 Reference Series – a comprehensive reference guide for NSW dealing with:

  • appointments of enduring guardian;
  • powers of attorney;
  • wills;
  • estates  – probate and administration;
  • family provision.

101 Succession Answers is now included for new and existing subscribers to these NSW publications:

  • Wills, Powers of Attorney, Appointment of Enduring Guardian & Advance Care Planning;
  • Estates;
  • Family Provision Claims.

This is a must-have, easy-reference resource for all firms, providing detailed information in a quickly accessible and searchable format. Tricky questions can be answered quickly using the guide’s alphabetical headings and plain English format. The content can be cut and pasted into letters or emails to clients addressing their specific queries, either in response to an initial enquiry or during the course of the matter.

  • Who is not eligible to be appointed as an enduring guardian?
  • When is an attorney to consider that their principal is incommunicate?
  • Can a solicitor take a benefit under a will that the solicitor has witnessed?
  • Under what circumstances might a grant of probate be revoked?
  • Has the High Court considered the position of an adult child who brings a family provision claim on the basis that their estranged parent previously promised them an inheritance?

If you would like everyone in your firm to be able to readily answer questions such as these, then you will definitely benefit from 101 Succession Answers!

VIC – Estates – Electronic lodgement of all survivorship applications, transmission applications and standalone transfers

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From 1 March 2018 all survivorship applications, transmission applications and standalone transfers must be lodged electronically.

VIC – Estates – Effect of marriage and divorce on will beneficiaries

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Our commentary on the effects of marriage and divorce on wills has been added to. While a will is revoked by the marriage of the testator a number of exceptions apply, as per s 13 of the Wills Act. The commentary on the impact of divorce on a will is also enriched.

VIC – Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 – commenced

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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

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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.

VIC, Estates

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1. From 1 October 2017 paper forms for the commencement or completion of administration are no longer accepted – replaced by online smart land tax form LTX-Trust-18.
2. From 1 November 2017 provisions of the Administration and Probate and Other Acts Amendment (Succession and Related Matters) Act 2017 commence including amendments to intestacy, partners and 30-day survival rule, and repeal of hotchpot. See below for further information.

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