Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 24 minutes by:
4/21/2013
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedGood Morning
Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.
I am sorry to hear about your loss and I hope that I can assist you and make all of this easier.
Are you able to tell me where the majority of her assets are, are they located in New Zealand or are they located in Queensland?
There are laws that allow probate to be obtained in one jurisdiction and then it be registered in another to continue.
Good Morning,
Probate may not have to be applied for if the banks are prepared to release the funds on the basis of the will and the death certificate.
Your 1st point should be to contact the banks and advise off her passing, and provide them with a copy of the death certificate and also who will and request whether they are prepared to release the funds without probate.
If they agree then they will send the necessary application forms to your father if he is the main beneficiary and requested a complete the minimum will release the funds without probate.
If they refuse and require probate, then an application will have to be lodged The state where those accounts are held.
But I would firstly write to the banks and ask whether they prepare to release the money on the basis that they are the only assets and in accordance with the will and also provide certified copy of the death certificate as well.
I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.
If I have assisted please do not forget to leave me with positive feedback.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 52,712
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
VerifiedLeon and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
I wish to know whether I ( Huston, born in England 7 May
I wish to know whether I (John Huston Stewart, born in England 7 May 1933, naturalised by residence in New Zealand 1939-1959 and 1996-2001, but now travelling on an Australian passport) and my wife (M… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Im trying to find out if i have a 'warrant for my arrest' in
Hi. Im trying to find out if i have a 'warrant for my arrest' in Qld. Australia. Im a New Zealand-er with dual citizenship currently residing in NZ BUT wanting to return to Australia. … read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
Can I be the executor of my father's will if I am living in
Can I be the executor of my father's will if I am living in Australia? This is recorded in his will and discussed with me. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
My father passed away recently and I must apply for a grant
Hi. My father passed away recently and I must apply for a grant of probate. His will was made in South Africa and the executor was a South African organization. I contacted them, but they only have th… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I am a south africa by birth and married a south african he
HI I am a south africa by birth and married a south african he passed away 30 Sept 2016. My in laws both have passed away in south africa my father in law approx. 1.5 years after my husband. My in law… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I am a New Zealand citizen and have been resident in
I am a New Zealand citizen and have been resident in Australian since January 1976.At that time there was no requirement for visas or certificates of residency, or anything. One could simply come, wor… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
My mother passed away recently I am her executor on the will
My mother passed away recently I am her executor on the will drawn up by a lawyer she only has 13,000 in bank accounts which I am nominated as being able to use do I still have to do the probate proce… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
My daughter was born here in Australia in 1987 and has an
My daughter was born here in Australia in 1987 and has an Australian dad but goes under my nz passport, because i did not put her dad on her birth certificate, she has been told that she is looking at… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
We have been trying to buy a block of land in Hoyleton owned
my name is Chris ******,we have been trying to buy a block of land in Hoyleton owned by a lady who lives in NewZealand,who is an Australian citizen,she was not able to go though with the sale as she c… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
. I'd like to know if my children, who ordinarily reside
Hello. I'd like to know if my children, who ordinarily reside in QLD (as temporary residents with special category visas from New Zealand) are prohibited from registering with the Home Education Unit … read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
My father is a French citizen and non resident of Australia.
My father is a French citizen and non resident of Australia. I am a dual French and Australian citizen, resident of Australia. My father has a bank account in Australia. This account is included in hi… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
I have a citizenship issue I need some advice. I was born in
I have a citizenship issue I need some advice. I was born in western Australia to Australian parents thus an Australian citizen then. My parents divorced. My mother remarried a New Zealander in New Ze… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
My father died in NZ two years ago and left my mother his entire
My father died in NZ two years ago and left my mother his entire estate. There is a piece of property involved in Australia (QLD to be precise) namely a time share that my mother wishes to surrender b… read more
Leon
Solicitor
Master's Degree
52,712 satisfied customers
Hi there my mums will states me (her daughter) as executor
Hi there my mums will states me (her daughter) as executor and trustee of her will, my sister is now demanding information regarding the estate so that she can decide if she will challenge the will, s… read more
Peter G.
Solicitor
Bachelor's Degree
767 satisfied customers
My husband and I were previously divorced & are Nz citizens.
My husband and I were previously divorced & are Nz citizens. We are 62 & 65 respectively. We have been living in Australia since 1/2/2010 and working in retail and printing respectively. I have a a sk… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
hi, my question is about oz - nz family law issues my daughter
hi, my question is about oz - nz family law issues my daughter came from nz to australia in 05 for family support while pregnant. she gained australian citizenship by descent whilst pregnant and her d… read more
Brisbane-Lawyer
Lawyer & Solicitor
Master
14,357 satisfied customers
Hi, my father just passed. He has a last will and testament.
Hi, my father just passed. He has a last will and testament. He named me, his son, as the executor and sole beneficiary (I'm his only next of kin). But here's the deal, he is an Australian citizen but… read more
D. Coleman
Solicitor
Bachelor's Degree
795 satisfied customers
Gd Day. Im a South African citizen. Me and my 2 daughters
Gd Day. I'm a South African citizen. Me and my 2 daughters have been sponsored by my ex-partner to come to Australia. Even though we're not together anymore, he put us on his renewed sponsorship (visa… read more
Katrina Bell
Barrister Sole
Bachelor's Degree
468 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
52,712 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
