We are pleased to announce that Ping Lee has been appointed a partner of Baldock Stacy & Niven Parramatta effective from 1 November 2011. Ping Lee rejoins Baldock Stacy & Niven after a 10 year absence.
Ping Lee’s main area of expertise is in conveyancing matters for a wide range of clients. She speaks both Cantonese and Mandarin fluently.
We now have two partners in our Parramatta Office.
Not necessarily.
Usually probate is required by an organisation which holds or controls an asset owned by the deceased. The organisation may not release the asset to the executor without a Grant of Probate.
The Land Titles Offices or equivalent in all States and Territories requires a Grant of Probate if the home or land to be distributed under the will is in the deceased’s name only or if it was held by the deceased and another person as tenants in common.
If the deceased person owns land as a joint tenant, probate will not be required as the property will automatically be transferred to the surviving person (for example, the spouse of the deceased).
Banks have varying rules but they generally require a Grant of Probate where the account balance is over $15,000 but this will vary from institution to institution.
If you have any queries about obtaining a grant of probate in New South Wales, contact our office on (02) 9891 6444.
It is often the case that a Commonwealth resident has retained or acquired assets in the Australia, which form part of his or her estate at death. It will not usually be possible for those assets to be administered by the deceased’s executors or administrators until the Grant of Probate or Letters of Administration issued by a Court of the jurisdiction where the deceased resided has been “recognised” in Australia. This process of recognition is known as “resealing” and can be undertaken for Grants of Probate from Courts of countries, which are considered “Her Majesty’s dominions”. Such countries include the United Kingdom, Canada, New Zealand and other Commonwealth countries.
Baldock Stacy & Niven is able to offer an efficient resealing service to the personal representatives of deceased Commonwealth residents and their professional advisers.
In order to reseal a Grant of Probate in New South Wales, we need:
Our normal charge for resealing a Commonwealth Grant is $795.00, in addition to the Supreme Court filing fees (which vary according to the value of the estate) and advertisement fees.
For more information about our resealing service, please contact Stuart Niven (email: stuart@bsnlegal.com.au).
What happens if I die without a Will?
In New South Wales, if you die without a Will your assets will be distributed according to a formula set out in legislation with certain relatives receiving a set percentage of your assets no matter what you may have wished.
In reading the following you should be aware of the following definitions under NSW law:
Spouse means:
Multiple spouses means any combination of a married person and/or domestic partner or partners of the same or opposite sex.
Spouse but no children
Spouse and children of spouse
Spouse and issue of another relationship
Single spouse’s right to acquire any property
A spouse also has the right (where there is only one spouse) to acquire any of the property that belonged to the deceased. The spouse may acquire any real estate or personal estate such as a car, boat or shares.
Children, etc only survive (i.e. no spouse)
Where the deceased leaves no spouse only children, the children are entitled equally.
Other Relatives
If the deceased dies without a spouse or children or grandchildren then the distribution cascades to the first class below that survives the deceased:
If you wish to speak to a solicitor about an estate where the deceased did not leave a Will please contact us.
Baldock Stacy & Niven Solicitors are experienced in drafting Wills and acting on behalf of deceased estates.
Baldock Stacy & Niven has a heritage going back 120 years, to the firm’s founding by Herbert Henry Lee in 1891. Over a century later, our focus remains unchanged: a belief in the importance of understanding our client’s needs, of adapting to the continuing challenges of business, and of delivering quality professional services in a timely and cost-effective manner.
Baldock Stacy & Niven sees retirement planning as an area, which is misunderstood by clients. Most people make careful provisions to make sure they have enough money to retire. Not enough people make similar provisions for their legal affairs in retirement.
We believe that a proper retirement strategy will not only include financial advice but will include a suite of legal documents such as:
· A carefully drafted Will
· An enduring Power of Attorney
· An enduring Guardianship appointment
Baldock Stacy & Niven believes that Estate Planning should not be complicated and expensive.
For further information please contact us here
