by aimee  19/02/2019  86 Page Views
5 Comments  Wills, probate, letters of administration, powers of attorney
Hi all,
I am helping a friend deal with her dad's estate, and would HUGELY appreciate some advice on any of my below questions. (I've never done anything like this before, and she doesn't have the funds to get legal help.)

Background: We are in the UK, and have the original probate etc here. My friend's dad died in the UK but previously lived in Queensland, and has cash in a bank account there.

Questions:

(1) Even if we're just re-sealing the UK probate, do we still have to do all the steps prior to applying that are noted on the QLD website (advertising intention to apply, giving copy to Public Trustee, 14 days to let people object)?

(2) The affidavit indicates she needs to sign it in front of a witness. I assume this means someone legally qualified such as a solicitor. Can this be a UK solicitor?

(3) On the affidavit again, in paragraph 5 there's a set of statements to choose from, two of which relate to marriage, and the third is "the de factor relationship between the deceased and the applicant had not ended". I have no idea what these mean, if it's his daughter applying, is this the right statement to select, or can we delete entirely?

(4) Can the Will we attach be a copy, not the original? The wording in the affidavit seems contradictory, or like we should attach both ("a clear copy of the true and original last will of the deceased, the original of which is filed herewith"). Obviously the QLD authorities will not have the original Will already as it's in the UK.

(5) And finally on the Exhibits form, I assume the original probate should be attached as an exhibit (although the forms only specific the Will and death certificate to be attached as exhibits?)

Thank you so much in advance for any help you're able to give.
Aimee