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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My husband & I moved from NZ to South Australia in 1994 retaining

Customer Question

My husband & I moved from NZ to South Australia in 1994 retaining NZ citizenship.
We continued payments on a NZ superannuation policy with MFL mutual fund (ANZ Investments).
My husband passed away on 30/3/2013 and I am having difficulty establishing how to retrieve the funds from MFL. They state I cannot transfer the policy into my name as I
am not a NZ resident. As the policy value is over $15,000 I must go to probate.
I asked my lawyer where to apply for probate, NZ or Australia. He said he could do it and went ahead with the Grant of Probate. This is the only asset in the estate. $1,500 later and he has now advised that it is unlikely he can go further as in order to obtain probate in South Australia there must be an asset to justify a grant.The lawyer say's I need to contact a NZ solicitor regarding whether the probate application can be made in NZ or whether it must be made here and then resealed in NZ. Please advise me I'm lost
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good AfternoonMy name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advice but a guide to assist you.Did he leave any assets in Australia and if so did you require probate? Did he leave a will?
Customer: replied 1 year ago.
Hi, all assets are in my name and did not require probate. Yes there is a NZ will leaving all to me.
Expert:  Leon replied 1 year ago.
The Mutual fund should be terminated and the money handed to you. have the shown you any clause they are relying on in the fund?Being a resident is not a requirement from what I know. You may not be able to roll it over unless you live in NZ but it should be paid out to you.

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