Experienced Probate Lawyers Adelaide, South Australia

Once Probate has been granted, the Executor becomes the legal personal representative of the deceased. The Executor collects the deceased person’s assets and pays the deceased’s debts. At this time, it is important to find out the date and costs of acquisition of the deceased’s assets for the purposes of Capital Gains.

Funeral expenses are first and then there is a particular order in which the other debts must be paid. After funeral expenses are paid, the Executor is entitled to claim any expenses relating to the administration of the Estate before other debts are paid.

Once debts have been paid, assets are either distributed amongst the beneficiaries according to the terms in the Will or they are sold, and the money is divided among the beneficiaries.

Finally, the Executor must prepare a distribution report and statement for the beneficiaries, showing what the assets were, how much money resulted from any sale of assets and what expenses and debts were paid.

Our experienced probate lawyers in Adelaide, SA and TAS can provide professional advice to guide you through the process so every step is conducted in a lawful and streamlined way.

Believe it or not, it is common for Wills in South Australia to be challenged. There are many different reasons why a Will or the claim to a deceased estate may be questioned. Here are a few:

• The terms of the Will are invalid, unclear or improperly executed
• The testator executed the Will under duress or undue influence from another individual
• The testator didn’t have the proper capacity to sign the Will due to a diagnosed mental illness
• The testator didn’t make adequate provision for a spouse, child, extended family members, or another individual who was entitled to provisions from the deceased estate

The process of challenging a Will or inheritance claim to a deceased estate or defending a deceased estate from a challenge is complex, time-consuming, and expensive. Strict time limits apply under South Australian law. The application for such must be started within six months of the Letters of Administration or the Grant of Probate in order to be deemed valid.

You should seek targeted legal advice from our experienced lawyers for inheritance claims as soon as possible so you can properly build your claim for further provision from the estate.

As long as the assets of the deceased’s estate are distributed by the terms of the Will, the estate or the beneficiary will not need to pay a stamp duty.

However, when there are legal costs due for Probate, these are payable by the estate. The more costs that the estate must pay out, the fewer funds that will be available for distribution among the beneficiaries.

The probate cost in South Australia will vary from one situation to the next. The filing fee with the Supreme Court of South Australia is determined based on the gross value of the deceased estate.

• Estate values of less than $200,000 will have a filing fee of $869
• Estate values of between $200,000 and $500,000 will have a filing fee of $1,738
• Estate values of between $500,000 and $1,000,000 will have a filing fee of $2,316
• Estate values of more than $1,000,000 will have a filing fee of $3,475

Please click here to view our helpful PDF on who to notify during the probate process.