LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA Aunt's Deceased Estate - How to Find Share Listing for Probate Application?

Discussion in 'Wills and Estate Planning Law Forum' started by MimP, 20 January 2016.

  1. MimP

    MimP Active Member

    Joined:
    21 October 2015
    Messages:
    7
    Likes Received:
    0
    My Aunt lived in Melbourne and she died last month. My sister and I are the beneficiaries to her deceased estate. Her house has been sold and all bank accounts are accounted for. We know she had a large share portfolio. Her executor is her accountant and he only knows of the shares she owned that paid dividends. She was very private. He says she told him she had shares bought years ago some that didn't pay dividends.

    We have tried to find any sort of documentation about these with not much luck. We don't even know who her share broker was. Is there any way we could get a listing of shares she had even if they weren't paying dividends? Apparently, we need this to apply for probate.

    Also, her lawyer has the deposit for her house sale and funds from another cheque in his trust fund. Is he earning any interest on this? If so, does he have to repay this to us when the deceased estate is settled?
     
  2. Therese

    Therese Well-Known Member

    Joined:
    11 October 2015
    Messages:
    122
    Likes Received:
    6
    Hi MimP,

    Have you asked her lawyer about how to access a listing of what shares she owned? Another option may be contacting the ATO.
    If you can try and find clues about which shares she may have purchased and then contacting them. You may have to providing them with the will and death certificate to access the information.

    It is my understanding if the solicitor has the funds in a trust fund and is earning interest - he will pay that to you as well. Keep in mind that not all trust funds earn interest.

    Hope this helps.
     
  3. Jacqui Brauman

    Jacqui Brauman Well-Known Member

    Joined:
    15 January 2016
    Messages:
    27
    Likes Received:
    7
    Hi MimP. If reasonable steps are taken to investigate what shares are held, and nothing can be discovered, this shouldn't hold up probate. An amended inventory can be submitted to the court later, if the shareholdings do show up. Another thing that the executor could do is write to Link and other main share registrars. For a fee and a few forms, they will provide information.
    Funds held in a solicitor's trust account in Victoria do not earn any interest.
     

Share This Page

Loading...