As we get older, some things just get harder to manage.

That goes especially for the traditional family home. When you’re in your 30s, maintaining a house with two big yards is something to look forward to on the weekend.

But when you’re in your 60s, you just want to enjoy your retirement.

For many of my parents’ generation – the Baby Boomers – the decision to downsize is a tough one.

Some people don’t want to let go of the house they raised their children in. Others see downsizing as one step closer to the nursing home. Some see it as “trading down”; letting go of a sizable bricks and mortar asset to move into something smaller.

Recent changes to superannuation law are enticing many of these “fence sitters” to commit to downsizing.

Under the new rules, retirees can funnel up to $300,000 from the proceeds of the sale of a home they’ve owned for 10 or more years into their super fund. If you’re a married couple, that means between you, up to $600,000 from that sale could be invested into your super – and all the tax benefits your super fund enjoys.

On the surface, this might seem like the chance for a windfall: sell the family home, or an investment property, and move into something cheaper and live comfortably on the extra funds you’ll free up for your super.

But as an estate lawyer, I can tell you it’s never that simple.

Already, plenty of retirees are taking advantage of this new scheme, meaning demand for smaller homes is increasing. And not only are you up against other retirees in this market, but younger Australians are increasingly seeking apartments or townhouses to match their busy lifestyles.

That means you may not have the buying power you’d like when re-entering the housing market and could take a hit in stamp duty.

More importantly, how will the sale affect your entitlement for the aged pension? Cash is not exempt from aged pension means testing, so by liquidating your biggest asset you could be shooting yourself in the foot. Other questions to consider include:

• Is the house you’re looking to sell Capital Gains Tax exempt?
• Is the property owned as part of a trust, or subject to finance?
• How will the sale affect your children and grandchildren’s inheritance?

Downsizing can be a liberating experience, something that can actually help you enjoy your retirement more by freeing you up to live, but it needs to be done properly.

At Welden & Coluccio Lawyers, we are Estate Law specialists. This means we help people make decisions that will benefit them and their families into retirement and beyond.

If you’re considering selling your home to take advantage of this new super scheme, make an appointment to speak to us, as no decision happens in a vacuum.

It is wise to see what is proposed all from all angles.

A battle over a stolen Lamborghini has shown that possession really isn’t 9/10th of the law.

It all began when a widow went searching for her late husband’s prized Lamborghini Espada, gifted to her in his will and thought to be stored in a farm shed, only to discover the car had been stolen.

Some time after it was pinched, the car was bought by a collector, who had it in his possession for four months before being contacted by local police who suspected the car might be hot.

Over the next two days, the collector did a search and discovered there was no security interest listed for the Lambo on the Personal Property Securities Register (PPSR).

He then had the car mechanically inspected and registered the car in his own name before surrendering it to police.

The Personal Property Securities Register is a national online register that can provide information to help protect consumers when they are buying personal property such as cars, boats or artworks (not including land or buildings).

If you check the PPSR before you buy, you can find out if the item you are buying has a security interest attached to it. This is important because if you buy property subject to a security interest, it is possible that the person or entity with the security interest will repossess it.

Registering the car on the PPSR in this case might provide some protection for the collector’s investment – assuming the purchase was made in good faith without knowledge of the car’s theft – in the event the party the claiming the car as stolen property couldn’t prove ownership.

But the courts disagreed, including on appeal in the Supreme Court.

The courts found the car’s original owner didn’t have to register a security interest in the vehicle as it was gifted in the will of the rightful legal owner, even though the car was never registered in the beneficiary’s name.

It just goes to show – a legal will is a powerful document, and in this case, it’s helped get a modern classic back in the hands of its rightful owner.

POST SCRIPT:

Of course, the Fast and the Furious movies would be very different if a team of glamorous international car thieves spent their lives battling a bunch of estate lawyers, but excuse us for getting excited about the power of a good will. It’s what we do.

The Relationships Register Act 2016 and the register itself, recently came into effect this week (August 2017).  A press release from the Premier’s Department heavily emphasised the ability for same sex couples to now register their relationship (like a marriage).

Of course, the register can be used by anyone in a relationship, gay or straight. However, and this is where I am critical of the press release (and most likely, any advertising or promotion of the register), in the apparent silence on the effect registration (or termination of registration) will have on your deceased estate.

“So what?” I hear you say, “Isn’t this a great step forward?”

Perhaps not.

Registering your relationship with Consumer and Business Services (CBS) means that the relationship is legally recognised.  Anyone can register their relationship if they are 18 years of age or older and are in a relationship with another person as a couple. At least one person will need to live in South Australia. Couples may apply irrespective of their sex or gender identity.  A relationship can’t be registered if you are married, already in a registered relationship or corresponding law registered relationship, or are in a relationship as a couple with another person and are related by family (yes, that is still illegal).  It goes without saying, that relationships between individuals and animals will not be eligible for registration.

Prior to the introduction and implementation of the Act, unless you were married (thereby creating legal consequences and immediate recognition of the relationship), domestic couples or de facto couples needed to prove their relationship, most likely to a Judge, in order to progress some legal claims.

By way of an example; if you lived in a domestic relationship and your partner died without a Will you, as the partner, should be entitled to administer their estate and, depending on whether they had children or not, would be entitled to a majority of their deceased estate……..all this might occur, once you obtained a declaration from a judge that you were in a domestic relationship as at the date of their death.

That legal process can be cumbersome, expensive, challenged by others and very grey.

The factors determining whether a judge should rule that there was a domestic relationship are found in the Family Relationships Act and include the following;

• the duration of the relationship;
• the nature and extent of common residence;
• the degree of financial dependence and interdependence, or arrangements for financial support;
• the ownership, use and acquisition of property;
• the degree of mutual commitment to a shared life;
• the care and support of children;
• the performance of household duties; and
• the reputation and public aspects of the relationship.

Not all relationships are the same, they do not look the same and people don’t think the same.

So, the relationships register seems like a good idea doesn’t it?  For the most part I agree.

If you are in a domestic relationship you can now formalise that partnership and obtain some legal recognition.  It seems to be as easy as completing the forms and paying the fee (ah that’s right, there is a government fee), $108 to register (non-refundable the website says?) and $48.75 for a standard certificate but $68.50 for a commemorative certificate.

So, what is not being mentioned?

Evidence of a relationship is not required to register a relationship.  Pay the fee and fill out the form and you are done.   In light of this it is fair to surmise that many people will be motivated to register for other reasons.  I’ll leave it to you to come to your own conclusions on that one.

“But an effective registration is legal, like a marriage” I hear you say.

It is important to understand, following a marriage, any valid Will you previously created becomes void (not altered ..VOID).  Register a relationship – and, you guessed it, any existing Will becomes VOID!!

I didn’t read that on any website or promotional puff piece.

Imagine that you obtained a registration for a relationship, do the right thing and then update your Wills.  If then you decide to terminate your relationship (I presume a further fee applies) then although the Will does not become void, your partner is removed from that document in any capacity, executor, controller or beneficiary unless a contrary intention appears in that Will.

There are even wider implications, especially for superannuation decisions upon someone’s death.

Most people are unaware of their superannuation balances, let alone whether they have been paying for life insurance within their public superannuation fund, which, if they died, must be paid out.  We have seen numerous occasions where hundreds of thousands of dollars have been paid out in life insurance through superannuation where members and loved ones themselves had no idea of the existence of the funds or insurance.

You should check your superannuation statement now!

Even worse, many people are unaware they have some control over where those funds and insurance monies end up.  It requires the completion of a beneficiary nomination form with the fund (whether it be binding or non-binding).

There are some funds which must pay to a spouse, if there is one, and leave no control to the member.  If there is a registered relationship then they will pay to that partner…..even if you have been separated for years!  That’s right, like a marriage, you can be registered (for your domestic relationship) but separated and simply have not yet terminated the relationship.  In those circumstances, it may be possible for a superannuation fund to be forced to make payment to that former partner and not to your chosen beneficiaries.

The main aim of this article is to highlight that although it is great for South Australia to have a Relationships Register which does not discriminate between gay or straight couples, there are serious legal consequences at play here, and most, if not all, participants may not know of them.

I have many gay friends myself, many of whom I have personally assisted in the drafting of their Will documents.  I anticipate a great enthusiasm for them to register their relationships and I celebrate with them in this move in the right direction towards marriage equality.  However, my professional role calls me to work actively to educate the public, my clients and referrers, that there are far reaching consequences for paying the fee and filling out the form.

The government also has an important responsibility to do more to educate people on such legal consequences.  I fear however, in this instance, they will not.

Conclusion

Help me spread the word!

If you, your friends, family or clients, are contemplating registering their domestic relationship they are strongly encouraged to seek legal advice first.  The team at Welden & Coluccio lawyers have the knowledge and experience in the field of Estate Law to ensure you can move forward in your relationship with ‘peace of mind’ and assurance that your wishes will be maintained when the inevitable occurs.

While blood may be thicker than water, this is not always enough when it comes to preventing families from bickering over the estate of a loved one.  While it doesn’t happen all the time, it does happen and, and it would seem that having a Will in place, does not necessarily make this less likely to occur.

Typically, the larger the estate, the more likely it is for disputes to arise between the parties.  This makes sense when you consider that resolution of these disputes requires litigation, the cost of which is normally attributed to the estate, thus reducing the beneficiaries’ share in the final estate.  Consequently, small estates are rarely worth contesting in the first place.  Beneficiaries’ risk there being nothing left when all is said and done.

With litigation having serious economic implications upon the inherent value of an estate, you may wonder why families may decide upon this as a course of action.  While the reasons can be varied, I’ve narrowed it down to the 4 most common.

1. The beneficiaries cannot agree on what is to happen to the estate property.

While families rarely seem to fight over investments and personal effects (all which are easily converted to a cash value), the cause for many disagreements usually revolves around what to do with the family home.   One or more beneficiary may wish to retain the property (to live in or use as a rental property) and another wishes the property to be sold so that the assets may be liquefied and divided amongst all the beneficiaries.  Clearly this can create a problem, particularly as homes often have memories and emotions attached to them, or, if one of the beneficiaries is still living in the home.

The deceased’s Will may give certain beneficiaries an option to purchase the family home from the estate within a certain time frame.  Clearly, this is a strategy designed to short circuit most disputes.  However, such a clause is not needed; there is no reason why the beneficiaries cannot come to an agreement to buy the other beneficiaries out – provided all parties can agree on a value (or indeed that a valuation needs to be undertaken).  Assuming this is agreed, this can be set out in a Deed and the purchase can occur.

2. The executor appointed under a Will has “apparently” influenced the deceased so that the executor will receive a greater benefit than other beneficiaries.

As our older family members become frail they increasingly rely on trusted members of the family for the purposes of shopping, banking and going to various medical appointments.  It is also common for relatives to assist their older family members when attending a lawyer’s office for the purpose of getting their estate plan in order.

Normally these interactions are entirely proper and above board. However, occasionally these situations may be manipulated as an opportunity where undue influence or duress is brought to bear by the executor or beneficiary, upon the testator, to make their Will a certain way.

Whether such a situation makes the Will invalid or otherwise challengeable depends on the facts of each case.  If the Will is proved invalid, then an earlier Will (if available) prevails; and if there is no earlier Will, then the deceased is said to have died “intestate” (without a will) and therefore there is legislation which decides how their estate is to be divided.

3. There have been unauthorised or unfair transfers of assets during the life of the deceased.

It is common for a testator (the person making the Will) to appoint a trusted child or other relative as their attorney under a Power of Attorney as well as being their Executor.

When the Testator dies, disputes can arise where beneficiaries believe there have been unauthorised or suspicious transfers of assets (for example, monies in bank accounts and even property) during the lifetime of the deceased, which therefore reduces the amount of funds in the estate which is available to be divided upon the Testator’s death.

What often follows is a forensic examination of the transfers to determine which transfers were authorised or unlawful.  We often see the “clawing back” of any unauthorised transfers back into the estate.

4. The use of a Will kit

If a Will is prepared by a law firm, especially a law firm with experience and expertise in estate planning, it can be said that there is a lower probability that the validity of the document will be disputed later on.  The provisions of the Will may still result in an inheritance claim where a beneficiary asserts they have been left with inadequate provision from the will.

However, the same cannot be said for Will Kit Wills (also called ‘DIY Wills’ or ‘homemade Wills’ or ‘informal Wills’). From our experience, home-made Wills consistently have one or more problems present.  Commonly, such Wills possess terms that are ambiguous, or there are concerns as to how the document was executed by the deceased and whether it was properly witnessed.  Furthermore, there may be issues of undue influence, duress (such as those referred to above) or even forgery.

Conclusion

Most estate disputes can be avoided, before the death of the testator, by ensuring that a solicitor skilled in estate planning develops a comprehensive Will and succession plan.

At Welden & Coluccio Lawyers We are the Estate Specialists.  Our expert solicitors know the right questions to ask and while acting in the best interests of our clients, offer independent and considered advice, thereby ensuring You have the best estate plan for Your circumstances.

There is growing talk about younger generations moving into adulthood with a sense of entitlement.  While this condition is often spoken of in relation to Gen Y’s; a sense of being entitled to things in the ‘now’ and without having worked for them is an affliction to which no generation is immune.  Of course, while it is one thing to expect to have material things handed to you on a silver platter, it is another thing altogether when this expectation manifests itself as a form of elder abuse.

As lawyers, we are constantly alert to the possibility that our older clients may become victims of financial abuse at the hands of those who are nearest and dearest to them.  As horrific as this may seem, it is occurring with alarming regularity and it evolves directly from a sense of entitlement.

Consider the following scenario. A man in his late twenties appeals to his elderly grandparents to reverse mortgage their home so that he may access the funds to finance the purchase of a car.  ‘It is just like me getting my inheritance early’ he explains to them, ‘and you still get to live in your home’.  The couple, feeling sympathy for their grandson, agree to his request, reverse mortgage their family home without understanding fully the broader implications that surrendering their home may have on their long term financial security.  In other situations, elderly people are coerced (in ways ranging from gentle persuasion to outright blackmail) to make changes to their Will.  Similarly, in other circumstances, adult children have misused their authority as Power of Financial Attorney as an opportunity to direct funds from their elderly relative into their own account.

As we move into our twilight years, managing finances becomes a challenge.  Especially in this time of online banking and constantly evolving technologies, it is normal to transfer the burden of these duties to a trusted relative.  Alas, undertaking such actions inevitably places the elderly person at greater risk of abuse.  While current laws generally fail to recognise the criminal nature of these activities, lawyers remain constantly alert to the increasing incidence of this and are actively working towards educating their clients and promoting the risks with the broader community.

If you, or a relative, feel that you are at risk of elder financial abuse, you are welcome to chat confidentially with one of our experienced solicitors to discuss your unique circumstances.

While most lawyers draft Wills, unfortunately (and it pains me to say this), not all of them do this well.  This begs the question, what does a good estate lawyer do, and, how do I know if the person drafting my Will is any good?

It is important to note that if you die without a Will you die intestate.  Essentially this means that, since you fail to express your wishes, there can be no guarantee that your intended wishes will be carried out.   Effectively dying without a Will leaves your estate open to the possibility that your despised Cousin Frank might get his hands on your assets.

The best way to avoid this is to ensure that every adult has a valid and up to date Will.

You will note that the words ‘valid’ and ‘up to date’ are underlined.  Please understand that the best way to ensure that your Will is valid is to ensure that it is drafted by a legal professional.  Using a DIY Will Kit is a risky move that too often results in a Will being declared invalid.   In many instances, it can be even worse than dying intestate. Of course, Wills, like many financial documents need to be reviewed (at least every 5 years) and certainly should be revisited following the death of a spouse or other significant beneficiary.

So, you’ve made the decision to go and get your Will done by a solicitor.

Well done you!

At this point it is critical to understand that even if you think your circumstances are simple they either aren’t, or there are things you hadn’t yet thought of that need to be considered to have an effective estate plan.

While most lawyers draft Wills, few do it as their core means of business and consequently lack the skills and expertise to effectively negate issues arising from even the most common circumstances (divorce and blended families).

So what should people be looking for when selecting a lawyer to draft these important documents?  Here are my top 6 tips:

1. Do your Research and Look for knowledge and experience

Unfortunately, like everything in life, a little bit of knowledge and experience is everything.  In estate planning, a lot of knowledge and experience means even more.

There are nuances upon nuances upon nuances in estate planning.  The landscape is ever changing, laws are changing and will drafting is complex at the best of times.  The lawyer needs to know and intimately understand estate law, superannuation (and its regulations), taxation, family law, property law and company law – yes, that’s a lot isn’t it?

So, do your own research, see if the lawyer has given any presentations on estate planning, they may have a reputation for this beyond their own circles.  Ask around, or better still, call all those on your shortlist and ask us questions (not just how much!).

2. Find a person Who Asks Questions

When you are with the lawyer they will ask questions, lots of questions.  If they are not asking questions, chances are you have a dud.

Although you may think some of those questions are not relevant, they are…always.  So, answer them honestly.  Good questioning is the key to getting a great Will that will meet your needs now and in the future and awesome estate lawyers should be inquisitive by nature (how else are they to get to the bottom of any issue that may be the problem).

3. Expect to Pay for a Professional Product

Yes, you get what you pay for.

Ask for a $99 Will and you can be guaranteed to get an inferior product.  I know this because I know how much time goes into providing quality.  Sorry, there are no short-cuts to quality.  For more information about lawyers and fees click here.

A thorough estate plan is perhaps the most important document you’ll sign.  Most responsible adults think little of paying insurance on their house year after year just in case something happens?  At some point you will die.  While blunt, this is fact and emphasise the need for you to have a Will that is as thorough as possible.

4. Look for Someone Prepared to Think Outside the Box.

Be concerned If a lawyer cannot devise a solution to a problem suggests something like, “you should do it this way, it’s easier”.  Both scenarios indicate that you are in trouble with a lawyer who is lacking expertise. Estate planning is all about problem solving and finding a solution.  Great estate planners enjoy a challenge, in fact, we love them.

5. Find an Estate Planner Who Works With Other Professionals

An estate plan is not just a legal document.  It must fulfil taxation objectives, real estate objectives, accounting and potentially business succession objectives.  Most people have at least an accountant they see regularly.  Many will also have a financial advisor or real estate agent they rely upon.  It is imperative that your estate plan is devised in conjunction with other professionals as the best solutions arrive when all parties communicate and discuss your needs and goals.

A Will prepared in isolation may do more harm than good.

6. They Make the Complicated Seem Simple (r)

The Law is complex, estate planning is complex, there is a lot to get your head around.

A good estate planning lawyer should be skilled enough to explain complex ideas and strategies to you simply so that you can consider the advice being given to you and provide your instructions accordingly.

As with anything in life, those that know their job inside and out can explain things better than those that don’t.

The loss of a loved one is a profound and overwhelming experience. Not only do you need to deal with your personal grief and the roller-coaster of emotions, but you may also be responsible for finalising the financial affairs of the deceased.

The most common question we hear from our clients when they have lost their loved one is, “What do I need to do now?”

Such a question, tinged with sadness, is frequently accompanied by a degree of confusion and a feeling of ‘not knowing where to start’.

The checklist below is only intended to help you to understand what you may need to consider doing when you have lost a love one.

The first stage is to consider and understand the financial affairs of the deceased. Locating the following documents will provide you with an understanding of your loved ones affairs:

• The Last Will;
• Bank books,
• cheque accounts;
• Loan documents;
• Visa/Master card statements;
• Life insurance policies;
• Superannuation policies;
• Pension benefits;
• Refundable bond from a nursing home;
• Certificate of Titles if the deceased owned any property;
• Share documentation;
• Unpaid bills;
• Tax returns;

If the person was running their own business

• Trust documents;
• Company documents;
• Tax returns;

Although locating the above documentation can take some time, they will be critical when the time comes for administration and distribution of the Estate. Depending on the size of the Estate, a Grant of Probate may need to be obtained before any distribution of the deceased’s estate.

Should any of the deceased estate be distributed by you without a grant of Probate, you may be personally liable for any loss and therefore, it is important to know your obligations before you distribute any of the estate.

Welden& Coluccio Lawyers, the Estate Specialists, are happy to alleviate some of the burden during this difficult time and can assist you in determining if a Grant of Probate is required while preparing any applications for Court.

1. If I die everything will automatically be given to my husband/wife or partner.
2. I don’t have any assets so I don’t need to make a Will.
3. I can just write my own Will using a kit or a note about what I want to happen.
4. I won’t be around, so I don’t need to think about it.
5. I made my Will years ago so I don’t need to update it now.

1. If I die everything will automatically be given to my husband/wife or partner.

This is not always the case. If you die without a Will you are found to be Intestate. The South Australian intestacy laws have a formula for the distribution of assets from deceased estates where people have died without a valid Will under the Administration and Probate Act, which distribution is then subject to the Inheritance Family Provisions Act. This distribution can include children, as well as spouses.

2. I don’t have any assets so I don’t need to make a Will.

Even if you think your estate is not worth a lot, it is still important you make a Will.
Your estate might be worth more than you think

Most people have personal possessions and superannuation. The superannuation may form part of their estate and by law this requires distribution. In addition, when people die accidentally there may be substantial sums of money from insurance payouts that form part of their estate.

Everyone over the age of 18 needs a valid Will outlining how they would like their estate to be distributed.

3. I can just write my own Will using a kit or a note about what I want to happen.

If you are using a ‘Do It Yourself’ Will kit you need to prepare your Will accurately and have it witnessed correctly. If the Will is not prepared correctly this may result in the Will being challenged in court due to lack of certainty about your wishes.

It should be noted that while leaving behind a note or homemade Will might outline what you would prefer to happen, this type of document may not be legally recognised.

Furthermore, the costs associated in proving that the document is your last Will, will be a great expense upon the estate.

4. I won’t be around, so I don’t need to think about it.

By taking time to make a Will, you can save your next of kin uncertainty and stress. You will also save on the extra legal costs that can potentially be involved to finalise an estate where a person has died without a Will.

5. I made my Will years ago so I don’t need to update it now.

Life events such as divorce, birth of a child, marriage, entering a defacto relationship, death of a spouse or partner, or death of beneficiary, will all impact your Will.

A Will should be a part of your life’s journey, it needs updating as your life changes.

At Welden & Coluccio Lawyers we have the expertise and knowledge to prepare professionally drafted Will, following an in depth consultation with an experienced and qualified lawyer.

I love Will Kits!

Strange for a lawyer to say that isn’t it?  I love them because no matter how many I see there are always problems with them, not necessarily by the form itself but by the way people complete them (or sometimes don’t complete them).  And in my world, problems equals profits.

The most innocuous of issues can lead to big expense as a recent example examined by the Supreme Court in South Australia demonstrates.

The will kit appointed the wife and one son as an executor and then the pre-printed section of the form continued….

“…but if he/she/they does not/do not outlive me or is/are unwilling to act or incapable of acting then I appoint….” and another son was named.

The wife pre-deceased the will writer and as such the question which was referred to the Supreme Court Judge was whether the first son was only appointed executor if the wife had survived or whether, as the case was, the 2 sons would act jointly as executors.

It was quite likely that the 2 sons did not care who acted as executor, if either or both acted, or neither, as long as the estate could be administered with the least amount of fuss, delay and of course, expense.  The Probate Registry do not see things that way at all.

So off they went to the Supreme Court to get an order as to who should act as executor.  Turns out the Judge found that both sons would act as executors as other sections of the pre-printed and completed will kit indicated that a joint appointment was intended.

I’ve said it before and I will say it again, I love will kits.

You stuff them up, I get to fix them!

Despite that…….avoid a cheap will kit and have your will professionally prepared by an experienced solicitor, there’s just too much at stake.

For a long time now I have been an outspoken critic of the trend for governments to move towards heavy taxes being imposed on Australians for probate services.  Last April (2016) I responded to the latest Probate fee increase implemented by the South Australian Government.  The fee increase, was, as I went on to explain, “…so exorbitant there can be no other way to classify it other than the reintroduction of a Death Tax.”.

Many years ago, in South Australia, we had a Death Tax (referred to as Death Duties).  In South Australia, these duties were paid upon an individuals’ death, and being based upon the value of the estate, were a reliable source of revenue for the government.  Death Duties were eventually abolished in 1980 and were replaced with a more modest (and flat rate) probate filing fee.  As I mentioned in my article, last April these fees were increased, along with the introduction of a sliding scale for the amount that is required to be paid (dependent on the size of the estate).  While it is not actually referred to as being a ‘Death Duty’ it is hard to see it as being any different to the one that was abolished many years before.

The United Kingdom has recently announced a significant change to how fees will be charged in relation to the administration of estates.  Up until now fees for the filing of probate was a standard and flat rate of £155.  However, from May 2017, this is all set to change with the implementation of a sliding scale for fees, solely dependent on the value of the estate in question.  While smaller estates, those less than £50,000 in value, are released from paying probate fees; the vast majority of estates will be slugged!  For instance, a relatively small estate, one that exceeds £300,000 (yet is less than £500,000), will pay £1,000 in fees.  Even more staggering is that the average estate, that where assets sit between £500,000 and £1M, will pay fees of £4,000.  The sliding scale grows in increments with all estates in excess of £2M being charged fees totalling £20,000.

Make no mistake, this is a blatant attempt on behalf of the UK government to reintroduce a Death Tax.

While solicitors in the UK (and even Australia) are currently racing to settle existing estates before the May deadline, the more interesting issue is the impact that this move will have on our own State Government.  From May 2017, the UK Probate Filing fees will exceed those currently in place in South Australia.  Clearly, we should all be concerned that the UK fee increase will act as an enabling influence for our own government to increase fees to this same (or even greater) level.

Are you cringing yet?  If not, you should be.

Of course, I’d urge all South Australians to join with me and place pressure on our current State Government to ensure that the current fee structure is placed on hold and that immediate steps are taken to return to a fairer system that charges a reasonable flat fee for probate filing services.