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My father passed away recently and left a will naming my…

Customer Question
My father passed away...

My father passed away recently and left a will naming my mother who is now deceased and my brother. Is this still a current will and would we have to apply for probate. He has no assets only a small amount of money.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I am in South Australia

Lawyer's Assistant: What documents or supporting evidence do you have?

We have a will signed by my father and a power of attorney form

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No not at this stage

Submitted: 10 months ago.Category: Australia Law
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Answered in 2 hours by:
9/23/2017
Solicitor: John Melis, Lawyer replied 10 months ago
John Melis
John Melis, Lawyer
Category: Australia Law
Satisfied Customers: 3,518
Experience: Principal Lawyer at Legal AU Pty Ltd
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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

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Solicitor: John Melis, Lawyer replied 10 months ago

Dear customer, there are many estates where there is no need for a grant of probate to administer a deceased’s person’s estate such as in small estates or where the assets pass under survivorship. However, the court still requires a grant of probate to ensure that the will before it is the last valid will of the deceased or letters of administration and to determine the value of the estate.

In those cases, there is no need to obtain a full grant or administration as it is not required for administration of the estate.

On the facts you have explained the will of your later father will still be valid if it has been properly executed (signed and witnessed). If the estate is very small, probate would not need to apply if there are no assets and there is a small amount of cash only.

If you would like to discuss this matter further by telephone, I welcome you to request those services.

If you have any further questions, I would be pleased to answer those for you.

Please don’t forget to leave positive feed back.

Kind regards
John Melis

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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 (last updated February 8, 2012).

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