I wrote about the importance of knowing where your original will is in this column a year or so ago.
The three recent files on my desk and the decision handed down in the Brisbane Supreme Court on December 5 on one of my files suggests it’s time to highlight the importance again.
Without doing myself out of a job and to do my bit to help dispel a common misconception that lawyers are ‘money-hungry worms’, I thought I’d use this column to create awareness and save clients (or their families) money.
Some estates require the Supreme Court to confirm the deceased’s will is, in fact, their last valid will. It’s called a grant of probate.
If probate is required and the original will is located, the cost will probably be about $4000-$5000.
If the original will cannot be located and only a copy can be found, the matter will be heard by a judge.
There will be more affidavits, more comprehensive evidence required and, most likely, barrister involvement.
This may result in the cost being in excess of $10,000 (and no certainty that probate of the copy will be granted).
It’s your will and you can choose where to store the original.
However, to avoid costs being incurred unnecessarily, please ensure it is stored somewhere safe (and can be easily found when required).
Trent Wakerley, Director, Kruger Law, Level 3, Ocean Central, Ocean Street, Maroochydore, 5443 9600, krugerlaw.com.au
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