LSB July 2018_Web

YOUNG LAWYERS
two on the first page, and the last two on
the subsequent page, however I neglected
to ask the last two to sign on the front
page, which failed to comply with Note
5. You should be very familiar with these
rules!
I would recommend having a look
at copies of any affidavits which have
successfully led to a Grant, and keeping
some precedents handy for reference.
An interesting issue arises when an
Application for a Grant is made more
than 12 months after the date of death.
In that case, the value of the assets is the
value as at the date of the Application. If
you are referring to Real Estate, instead of
writing “Valuer General’s valuation”, you
should write “Valuer General’s valuation
for 2017/18” to make it clear that you
are referring to the current CV, not the
CV as of the date of death. The same
goes for shares. You should refer to the
value as at a date as close to the signing
of the Statement as possible, however if
the deceased participated in a dividend
reinvestment plan, you still need to
describe the number of shares as of the
date of death, even if more now exist.
If you are referring to funds held in a
bank account, you still need to refer to the
balance as at the date of death. Whilst the
balance may be different as at the date of
the Application, you still need to use the
“as at death” balance. Whilst a share in a
company may be worth more or less than
it was at the date of death, one dollar in a
bank is always worth one dollar.
Make sure to check for other types of
assets, like refunds from drivers’ licences,
refunds from pre-paid phone plans, funeral
benefits payable by a lodge, and so on.
If there are any irregularities with your
application, you should explain this with
as much detail as possible in your letter.
For example, if there is a single asset only
(such as a property), you might explain
in your letter that the deceased died with
a spouse, and the contents of the house
were all held jointly, and there were no
other assets held in the deceased’s sole
name. If you have made an error in the
signing of the back of the will, you should
explain that error, and ask the Registry to
accept it in its present form. For example,
I asked a witness to sign the back of the
will, instead of simply marking it “A” and
writing “This is the document referred to
in the affidavit of XYZ sworn before me
on [date].” I pointed out this error to the
Registry, and the document was accepted
for filing.
You will almost certainly make mistakes
with Applications for Probate, but
hopefully this will help you avoid some
of the more common errors which may
crop up.
THE LAW FOUNDATION OF
SOUTH AUSTRALIA FELLOWSHIP
The Law Foundation is a non-profit organisation. Its objectives include:
(a) the support of legal research which is of value in law reform;
(b) the promotion and provision of legal education and information for legal
practitioners, students and members of the public;
(c) the provision of legal services to the community.
The annual LAW FOUNDATION FELLOWSHIP offers funding up to $50,000 (inclusive of GST) to enable the
successful applicant to pursue a course of legal or legally related academic or other study outside of the State
of South Australia. Academic merit or the academic level of the proposed course will not be the only criteria
for eligibility but the outcome of the study must offer a benefit to the general community and the legal
community of South Australia.
Applicants must be graduates of the Law Schools of the University of Adelaide, Flinders University or University
of South Australia OR legal practitioners with not less than 5 years’ experience in South Australia and who hold
current Practising Certificates.
Graduates who hold full-time academic positions are not eligible for the Fellowship.
Applications for the Fellowship are now invited and will close on 30 SEPTEMBER 2018.
Application criteria and general information can be obtained from the Foundation as follows:
www.lawfoundationsa.com.au OR The Executive Officer
Law Foundation of South Australia Incorporated
Level 1, 180 Greenhill Road PARKSIDE SA 5063 or PO Box 6381, Halifax Street ADELAIDE SA 5000
Ph 0429 266 611