An Advance Care Directive allows you to appoint one or more Substitute Decision-Makers who will have the power to make medical and lifestyle decisions on your behalf should you lose your mental capacity (as determined by a health professional). The Advance Care Directive replaced the previous Powers of Guardianship. We recommend you consider the preparation of an Enduring Power of Attorney and an Advance Care Directive when you revise your Will.
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Frequently asked questions
When are the Assets Distributed?
Assets are distributed after the probate process is completed, which includes validating the Will, paying off any debts and taxes, and resolving any disputes. Once these steps are completed, the executor or administrator can distribute the remaining assets to the beneficiaries according to the Will or the laws of intestacy.
How Much Does Probate Cost in South Australia?
The cost of probate in South Australia can vary based on several factors, including the value of the estate and the complexity of the case. Costs may include court fees, legal fees, and other administrative expenses. It is advisable to consult with an Adelaide probate lawyer to get a clearer estimate of the costs involved.
How long will probate take?
The time taken for Probate in South Australia can depend on the complexity of the Will and the estate, whether all information required is readily available, and finally the time taken for the Probate Registry to process the application which may be dependent on workload.
When is probate not required?
If an estate does not contain real estate or if the estate assets are only modest in value, you may be able to deal with the estate without probate. For example, banks have their own policies as to what amounts they may release without a grant of probate. A common example of when probate is not usually required is where a deceased person held all their assets jointly with their surviving spouse.
A probate lawyer can assist you through obtaining probate for a Will and make the difficult process a lot smoother and easier in an already difficult time. The Supreme Court Probate Rules 2004 (“Probate Rules SA”) sets out the rules for making an application for probate.
