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  • Writer's pictureJohn Stirk

Grant of Probate

For 20 years, readers of the Centralian Advocate looked forward to the Friday edition. Therein Povey Stirk Lawyers published a 300-word tale of fiction based on legally newsworthy events.

The following is a sample of these blogs.

6th February 2013

Abe’s brother Bill recently passed away. Bill’s will appointed Abe as executor, and Abe has been duly administering the estate. One day Abe heard someone talking about a thing called a Grant of Probate, and now wonders if he needs to get such a Grant in respect of his brother’s estate.

Probate is granted by the Supreme Court of the Australian State or Territory in which the deceased left property, and is essentially a court order by which a will is declared to be valid and authentic.

A Grant of Probate is (1) conclusive evidence of the validity of a will; (2) evidence of the executor’s title to, and accordingly ability to deal with, the deceased’s property; and (3) evidence of the death and date of death of the deceased.

There is no requirement to obtain a Grant of Probate as a matter of course. Therefore, whether or not you will require a Grant of Probate will generally depend upon whether you are required to prove your title to the deceased’s property in order to administer the estate. This is something that will become apparent as you progress the estate’s administration.

Generally, it is only when dealing with significant property that you will be required to prove your title, as the institutions with whom you deal in relation to such property will require the certainty that the deceased’s property is being dealt with by the correct person. “Significant property” means such things as land or large bank accounts.

In the event that the deceased leaves a small estate, the institutions with whom you deal in relation to such property may not require that you prove your title, and will therefore be happy to transfer the property or release the funds etc without a Grant of Probate.


Disclaimer: This document provides general information and is not legal advice. While we endeavour to ensure the information is correct at the date of publication, laws frequently change. If anything in this post is relevant to you, please contact us for advice on your specific situation

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