Good News: Costs for Probate on Wills to Fall!

When the costs of living continue to rise, it is great news to report that the costs of obtaining probate on a Will, will fall from 24 November 2017. When a loved one passes away and the banks insist on probate before allowing access to funds, as Gold Coast lawyers we are regularly asked to assist executors and administrators to obtain probate.

Currently to obtain probate in Queensland it is necessary to advertise in the Queensland Law Reporter and at least one newspaper in the locality where the deceased lived. Sometimes when an elderly person  has to move into care or to live with relatives in a different location before passing away advertising may be required in 2 newspapers.

The cost of advertising in newspapers for probate has kept increasing and if 2 publications are involved the costs could be over $1000.

Legislation and practice directions of the Supreme Court have recently changed.

The technical bit – The Uniform Civil Procedure (Notice of Intention to Apply for Grant) Amendment Rule 2017 which amends Rule 599 of the Uniform Civil Procedure Rules 1999 (Qld) commences on 24 November 2017, and works with the amended section 67 of the Trusts Act 1973, and Practice Direction 14 of 2017. The effect of this change will mean that all applications for grants  of probate which are filed on or after 24 November 2017 only need to be advertised in the Queensland Law Reporter.

This means that expensive newspaper advertising for probate will be a thing of the past after 24 November 2017. This is a welcome change and reduces the cost and burden on grieving relatives at a time when funds may be short.

McLaughlins Lawyers have been helping clients with their wills and estates for over 50 years and we would like to help you to ensure the process of dealing with a loved one’s estate is managed with the minimum of fuss in a cost effective way.

If you need help with a Will or Estate please call McLaughlins Lawyers  07 55915 099 or email our Senior Associate Teresa Kearney at [email protected] or Dianne Ball our Wills and Estates paralegal at [email protected] who between them have over 50 years experience.

Author: Teresa Kearney

Director: Ian Kennedy

Date: 23/10/2017