Legal Question in Wills and Trusts in Australia
probate
my father died a month ago and we were told that we have to pay probate on a property that he was joint owners with because it read...Charlie Pace the tennant of....
Also do we pay probate in each state because money he had invested, in 3 states only 1 totalled more than $20.000, the other were $12,000, IN N.SW,s and $6,000 in Victoria and $20,000 in the A.C.T. Do we have the same amount for each state or is it totalled together then only 1 amount is set.
yours sincerly S Mcdougall
1 Answer from Attorneys
Re: probate
There is insufficient detail in your question to formulate a proper response.
As a general statement, you do not "pay" probate. Probate is a function of the court by which the last will of the deceased is 'proved'.
It may be necessary to get a grant of probate to allow funds to be released in accordance with the provisions of the will.
I suspect that your father may have been what is called a "joint tenant" or a "tenant in common in [a defined %] share" with the other joint owner(s) in the house in which he had an interest
The distinction is important because if your father was a "joint tenant" the property passes to the other joint tenant on death - if he was a "tenant in common", he can dispose of his interest in his will.
You should consult a lawyer to clarify these issues.
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