Probate in Australia for ex-pats
Ex-pats who have emigrated to Australia should make themselves aware of what needs to be done when applying for probate in Australia – and pass that information on to their loved ones whilst they are still alive.
The process can become complicated whereby the individual has assets remaining in the UK as well as Australia and so the advice of a probate practitioner should be sought. However, if no assets remain in the UK, then the process is often much simpler and can be brought to a conclusion within a few weeks.
Most often, probate will include the need to reseal an English Grant of Probate in Australia. For this to take place, the value of the deceased's assets within Australia will need to be valued and submitted along with an original copy of the English Grant of Probate or Letter of Administration, a copy of the original death certificate and ID for the executors of the estate.
When it comes to applying for probate in a different country, it is always advisable to seek the help of an experienced international probate specialist, who can instruct you each step of the way and make the whole process a little easier and less stressful for you during what is undeniably an upsetting and emotional time.
IWC Ltd has a number of international probate experts who can advise you on each aspect of the probate process in any individual country. Call us today on 0800 612 6105 or 020 8150 2010.
Powers Granted in Letters of Administration
How Long Does It Take To Get Letters of Administration
- Husband or wife; but not a common law partner.
- Brothers and sisters.
- Uncles and aunts – but not their spouses.
If a close relative has died intestate, meaning that they did not make a will, you may need to apply for a grant of letters of administration. This will enable you to gain access to your deceased relative’s assets, so that you can deal with their estate.
In certain circumstances, letters of administration are not necessary. If your relative left assets of under £5000 after the funeral fees were paid, you may not need to apply for a grant. Or if the only assets are shared property, or money in joint bank accounts it may not be required.
Relatives entitled to apply for a grant of letters of administration include the spouse of the deceased, their parents, or their children, and they must send the application to the probate registry. This can be a daunting experience; in addition to grieving the death of a loved one, you will need to deal with the complications that dying without a will can cause.
When someone dies intestate, it is often far more difficult to deal with the distribution of their estate. Some situations complicate the procedure even further. For example, if children under the age of 18 are entitled to benefit from the inheritance, more than one person must apply.
Tax can cause additional complications when someone dies intestate, there could be a hefty bill to pay, without any plan in place to lessen liability. It is possible to alter intestacy to mitigate tax, provided that everyone affected agrees. As inheritance tax can be complicated and confusing, it is advisable to instruct a legal practitioner to work on your behalf. They can apply for a grant of letters of administration and help you to deal with the distribution of the estate.
If the assets of your deceased relative have a large financial value, the laws of intestacy set particular rules on how you must distribute the assets. For example, if a spouse dies intestate and the inheritance exceeds a certain sum, other close relatives may be entitled to a portion of the deceased’s estate.
It may be possible to appeal against the way the assets are to be distributed. For example, you may be a close relative of the deceased and you do not believe that you are getting your fair share of the estate. Also, if you are a common law partner, that was financially reliant on the deceased, you may be entitled to appeal.
Appeals can be complicated and you must make an application within 6 months. If you intend to appeal, it would be wise to seek advice from a legal practitioner before the letters of administration are issued.