Archive for November 2021
Laws applicable in foreign cases
You will often come across situations where you are dealing with the administration of a deceased who has lived abroad. This raises all sorts of issues such as where do you apply for probate? is the will valid? what tax laws apply? What this blog focuses on are the succession laws that apply. Not only…
Read MoreObligation of personal representative to ex-spouse of deceased
There are many obligations of personal representatives in the context of an estate, but one particular explicit obligation is set out, not in the Succession Act 1965 but in the Family Law (Divorce) Act 1996. There is no provision in the Family Law (Divorce) Act 1996 which states that the succession rights of the parties…
Read MoreAgricultural Relief v Business Property Relief
You may be faced from time to time with the situation that a farmer client is taking a gift of agricultural property but cannot meet the “Farmer” test. You might recall that the “Farmer” test is the 80% asset test. That is that 80% of the donee’s assets must be agricultural after the gift. The…
Read MoreProbate Officer’s Orders from the Rules Office
There are many cases where you have to apply for an order from the Rules Division of the Probate Office before proceeding for your grant. One such example would be admitting to probate a translation of a will not in the English language. To be able to submit a translation of a will you must…
Read More