Australia's leading provider of affordable DIY legal kits
Call our Customer Care Specialists on 1300 728 200
   

Legal Forum

Welcome to the FREE AussieLegal Forum

This FREE legal forum is supported by participating lawfirms in your local area.
The information contained in this public forum, and any comments made by the administrators, it's appointed mediators, or members of the public are of a general nature and may not be regarded as financial or legal advice in any way. We recommend that you seek formal advice from a practicing solicitor or licensed financial advisor regarding your particular situation. By registering to use this forum you meet the above criteria and agree to abide by all of the above rules and policies.

To be sure we provide you with the most relevant information to your state, please let us know which state you your legal matter resides in:

ACT  NSW  NT  QLD  SA  TAS  VIC  WA  

AussieLegal recommends this law firm:

  FAQ FAQ  Forum Search   Register Register  Login Login

Advised probate not required

 Post Reply Post Reply
Author
  Topic Search Topic Search  Topic Options Topic Options
BatarC View Drop Down
Newbie
Newbie


Joined: 04/May/2017
Location: Australia
Posts: 1
  Quote BatarC Quote  Post ReplyReply Direct Link To This Post Topic: Advised probate not required
    Posted: 04/May/2017 at 11:31
Hi,

I am the Executor (and a beneficiary) for Dad's estate, no property involved, just some cash in a couple of bank accounts (less than $90K). Our Lawyer advised no probate will be required, just set up a new bank account called Trustee in name of estate of late xxx, and transfer all money into this, close the old accounts.
I can then distribute to beneficiaries. This seems too simple to me.

Is this correct, and what paperwork/evidence needed to confirm what I have done and where the money eventually was distributed. Can it be distributed once the money is in the account?
thanks for the advice.

citizen-joe View Drop Down
Senior Member
Senior Member


Joined: 09/October/2005
Location: Australia
Posts: 518
  Quote citizen-joe Quote  Post ReplyReply Direct Link To This Post Posted: 05/May/2017 at 01:04
Yes this is the correct procedure for a small estate when property is not involved. In Queensland even if property is involved and the beneficiaries are family members, the transfer can be done without probate, but the will has to surrendered to the titles office. So any other bequests must be done first.

 Post Reply Post Reply

Forum Jump Forum Permissions View Drop Down

Want to save money?

Check out our list of do-it-yourself legal kits.

Need formal advice?

Let us help you find a lawyer who specializes in your particular area of law.

Need further information?

Visit our legal forum where you can ask questions and search for similar topics.