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Legal Tip 107: What is Probate?

Discussion in 'Legal Issues' started by Terry_w, 11th Dec, 2015.

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  1. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Probate often comes up with property contracts - subject to the granting of probate, but what is it?

    When a person dies someone has to take over their affairs to finalise things. Title deeds need to be changed and remaining bills etc need to be paid.

    Where there is a will the deceased will appoint an executor to do all this. But wills may or may not be valid and there may also be multiple wills in existence. Therefore a court order is needed appointing the executor. This is the granting of probate. Once probate is granted to a person this person will then have legal authority to act on behalf of the deceased.

    So when someone enters a contract to sell their deceased relative's property and they don't have probate granted they will have a condition on the contract that the sale is subject to the granting of probate. Without probate they have no authority to sell someone else's property.
     
  2. datto

    datto Well-Known Member

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    That's great info.

    I always thought it was some kind of lure to catch ladies of the night.
     
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  3. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    you are confusing it with Prodate!
     
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  4. Jamie Moore

    Jamie Moore MORTGAGE BROKER - AUSTRALIA WIDE Business Member

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    Have you really done 107 of these???????
     
  5. Scott No Mates

    Scott No Mates Well-Known Member

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  6. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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  7. York

    York Finance Broker Business Member

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    Very clear and simply put Terry. Thanks.