Hypotheticals by Manny Wood. Published in the Coffs Coast Advocate on 23 December 2017.

John and Josephine and are both retired. John receives a superannuation pension and Josephine receives an Aged Pension from Centrelink.

They own their own home as joint tenants. They each have a motor vehicle, have a joint bank account and own some jointly held shares.

They make wills leaving their whole estate to each other and if the other is not alive, then to their children equally.

Unfortunately, John passes away and Josephine consults a solicitor regarding his estate.

Josephine is aware that obtaining a grant of probate is an involved process that requires the lodgment of documentation with the Supreme Court, together with a supporting affidavit.

She is concerned about the legal costs involved.

The solicitor explains that a grant of probate is formal recognition that John’s will is valid and grants Josephine the legal right to administer his estate.

The solicitor examines John’s assets, and is pleased to advise Josephine that in her circumstances, a grant of probate is not required.

After the Death Certificate is received from the funeral director, a few weeks after John’s death, the house is transferred into Josephine’s sole name by lodging a Notice of Death. This process is relatively straightforward and inexpensive.

Similarly, the bank accounts and shares are transferred into Josephine’s name by completing the requisite forms and producing a certified copy of the death certificate and John’s will. RMS transfers John’s vehicle into Josephine’s name upon receiving the same documents.

John’s super fund pays a portion of his fortnightly pension to Josephine and will do so for the rest of her life. Again, a grant of probate is not required.

Josephine’s solicitor assists with the process, but Josephine is relieved that she will avoid the expense of obtaining a formal grant, due to the way they had organised their assets.

If you would like Manny to address a particular legal issue, send your request to manny.wood@ticliblaxland.com.au or call him on (02) 6648 7487.