Welden & Coluccio Lawyers

The Estate Specialists

  • Home
  • About
  • Focus
    • Estate Planning
      • Probate
      • Estate Administration
      • Inheritance Claims
    • Superannuation & Death Benefits
    • Family Law
      • Family Law – Property Settlement
      • Family Law – Childrens Matters
    • General Commercial Drafting & Transactions
    • Conveyancing and Form 1 Preparation
  • Team
    • Greg Welden
    • Jason Coluccio
    • Maddalena Romano
    • Joanna Diamantopoulos
    • Anna Arace
  • News
  • Contact

Urgent Applications?

January 13, 2016 By

What are Urgent Applications?
Sometimes a grant is required quickly. Certain applications can be made to obtain a limited grant of Probate.

Perhaps the deceased entered into a contract for sale of property and died before settlement, legally the contract is enforceable and if settlement does not occur the estate may be sued for losses that result.

An urgent grant of Probate may be obtained to allow the sale to occur, but no more.

Perhaps an asset is of such a nature that it may perish or loose substantial value if not sold or dealt with immediately. An urgent grant of Probate may be obtained to allow the sale or disposition of that asset which will ultimately benefit the beneficiaries of the estate.

Do you need a grant in ALL circumstances?
Whether a grant of Probate is necessary will depend on the nature and extent of the assets of the estate. For example, a bank holding money belonging to the deceased will need to know who it should be paid to. The grant is proof that the person named (executor or administrator) is the person entitled to collect the money on behalf of the estate.

A grant of Probate will be required if the deceased owned a house in their own name or held an interest with another party as tenant in common. Real estate owned by the deceased as a joint tenant with another person cannot, and will not, form part of the deceased estate.

If there are minimal funds in a bank account and no other significant assets it is possible to administer the estate without a grant of Probate.

The executors nominated in the Will are still acting in that capacity but some expense and delay can be saved

Latest Articles

  • Revenue SA & Land Tax Update – Important Information
  • NEW REVENUE SA & LAND TAX LETTER – IMPORTANT INFORMATION
  • ACT NOW TO DEFUSE THE LAND TAX TIME BOMB
  • HOW TO MINIMIZE YOUR LEGAL FEES IN A FAMILY LAW DISPUTE
  • Natalie Rossi Appointed to the SA Law Society Council

Categories

  • Our Lawyers: Up Close & Personal (2)
  • News @ W & C Lawyers (103)
  • Wills & Estate Planning (60)
    • General Wills & Estate Information (40)
    • Celebrity Wills (9)
    • Estate Case Studies (5)
    • Estate Legislation (3)
    • Probate (11)
  • Family Law (27)
  • Real Estate (21)
  • General Legal (30)

Ph: 08 7225 8703

Contact Us Now
179 Grange Road, Findon, SA 5023

PO Box 1233, Flinders Park, SA, 5025
Fax: 08 7225 8704

194A Prospect Road, Prospect, SA, 5082
Visit us on Facebook
Visit us on Twitter
Join us on Google +

Copyright © 2022 · Welden & Coluccio Lawyers · Disclaimer
· Liability limited by a scheme approved under the Professional Standards Legislation Back to top

MENU
  • Home
  • About
  • Focus
    • Estate Planning
      • Probate
      • Estate Administration
      • Inheritance Claims
    • SuperAnnuation & Death Benefits
    • General Commercial Drafting & Transactions
    • Family Law
      • Family Law Property Settlement
      • Family Law – Childrens Matters
    • Conveyancing and Form 1 Preparation
  • Team
    • Greg Welden
    • Jason Coluccio
    • Maddalena Romano
    • Joanna Diamantopoulos
    • Natalie Rossi
    • Anna Arace
  • News
  • Contact