The Different Types of Probate in South Australia

Many people find probate to be a confusing and intimidating topic. Some deceased estates may not require probate, while others may require a different sort of grant if an executor is not named or a Will cannot be located.

Some brave (or foolhardy) souls attempt a do-it-yourself approach by trying to administer the deceased estate of a loved one themselves. This rarely ends well. You’ll save a lot of time and energy if you seek the counsel of a lawyer with extensive knowledge of probate & deceased estates in Adelaide.

Why You Should Avoid Do-It-Yourself Probate

Why You Should Avoid Do-It-Yourself Probate

Contact Genders and Partners today on (08) 8212 7233 to arrange a FREE telephone consultation and to request a FREE copy of our special Report: “7 Things You Must Know About Wills and Estate Planning”. Genders and Partners is located at Suite V1, Level 3, 169 Fullarton Road, Dulwich, SA 5065

The Dangers of DIY Probate

The Dangers of DIY Probate

In most deceased estates if you’re the executor of a Will, you will have to obtain a Grant of Probate from the Supreme Court of South Australia. This grant officially acknowledges that the Will is valid and that you have the right to carry out the administration of the estate.

The Grant is an Order of the Court which lets the world know that a particular piece of paper is the Last Will and Testament of a deceased person, which permits asset-holders like banks and share registries to transfer assets in the name of the deceased into the custody of another person (the executor named in the probated Will).

Obtaining a Grant of Probate is not a simple matter. You should get the assistance of an estate planning lawyer in Adelaide, and like do-it-yourself Will kits, DIY probate can be fraught with unforeseen complications.

What is Involved in the South Australian Probate Process?

An application for a Grant of Probate is not merely a matter of completing a form and paying a fee. Preparing a probate application is an exacting process whose complexity increases with certain types and location of assets owned by the deceased. It is not often a straightforward exercise to obtain & produce the necessary Court documents, and if every one of them isn’t completed according to stringent legal requirements, or if the Will contains any error or inaccuracy (not uncommon) or evidence of potential tampering, your application will almost certainly be requisitioned by the Court. Rectification of the issue will probably involve creation of additional affidavits and refiling of documents, costing the estate even more time and money. Far better to instruct a specialist Adelaide Wills lawyer in the first place.