Probate with Assets in Australia Case Study

19 June 2017

Client Situation

Co-op Legal Services were instructed by Mrs A to help with the administration of her late mother’s Estate. Mrs A was named as the sole Executor and Beneficiary in the Will and she wanted the assistance of our Probate Solicitors to deal with Estate, particularly as there were complex issues involving Inheritance Tax and assets in Western Australia.

With our Probate Complete Service we take full responsibility for obtaining Grant of Probate and dealing with the Legal, Tax (not VAT), Property and Estate Administration affairs*.

How We Helped

We applied for the Grant of Probate, including a claim to transfer the unused Inheritance Tax allowance from the Estate of her mother’s first husband, resulting in there being no Inheritance Tax to pay. Once the Grant of Probate had been issued we transferred the house into Mrs A’s name, and transferred to her or sold the other assets of the Estate as she wished.

In relation to the assets in Western Australia, we instructed Australian Probate Solicitors to apply for a re-sealed Grant of Probate in Western Australia, and maintained contact with the Australian bank involved. We dealt with the Probate Solicitors in Australia on Mrs A’s behalf and arranged for the bank accounts in Western Australia to be closed.

This provided peace of mind to Mrs A that everything in her late mother’s Estate had been dealt with, saving Mrs A from the daunting prospect of having to deal Probate Solicitors in Australia, and with financial organisations whose processes may differ to those in England and Wales.

Throughout the Estate administration process, we ensured Mrs A was fully informed at all times, including explaining the process of dealing with the Western Australian Grant of Probate.

The Outcome

Mrs A was pleased with how we helped her and her family through the entire Probate and Estate administration process, and has contacted Co-op Legal Services subsequently to deal with the sale of her late mother’s property.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

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