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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5357
Experience:  Dip Law LPAB - Sydney based lawyer
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My 81 yr old mother, a NSW home owner, is very concerned that

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My 81 yr old mother, a NSW home owner, is very concerned that the government will want probate paid on what she leaves to her 4 children in her will. She owns a small home and has a small amount of money in the bank. She is on a pension. Could you please help me lay her fears at rest. Thank you
When you say that your mother is very concerned hat the government will want probate paid on what she leaves, I assume her concerns is directed at death duties not probate. Probate is simply the order of the court confirming the validity of the will and confirming the authority of the executor to deal with the estate assets. There is a fee for an application for probate of $595, but in the context of an estate involving real estate it is not a substantial figure.

Death duties, on the other hand, used to be levied as a percentage of the whole estate in some parts of Australia and are sometimes raised as a possible new tax by cash strapped governments. However, fortunately I can confirm that at present there are no current death duties applicable in Australia, and the children should receive their full share.

In short your mother should not be too concerned about this unless there is some change in the law, but to my knowledge there are no current plans for such a tax to be introduced.

I trust the above assists.

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Thank you and good luck.

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