NSW confirmation by a legal professional stating who the heirs of the deceased are

[jmcefai]

Hello, here is my query, i hope someone can advise on this:

My cousins are Australian citizens (NSW), and their father died without a will. Her father (Australian citizen) owned property in his native country (outside Australia), of which I want to purchase.

To purchase said property (outside australia) I was told by a notary the I need: "confirmation by a legal professional from Australia stating who the heirs of the deceased person are, whether they have been established by a will or by law in case there is no will."


So my question is, is the above doable? Note that I am aware that what I'm asking would probably have little legal weight in Australia but this is not needed for Australia.

thanks

 

[Tim W]

Which country is the property in?

 

[jmcefai]

italy

 

[Tim W]

Sounds like a notaio just doing their job.
They will need to be sure that:

• the owner has in fact died; and
• that there is no valid will (anywhere) talking about what should happen to the property;
• that, being no will, there is (what in NSW we call) Letters of Administration properly granted
  (these will almost certainly need to notarised in Australia, and also need to be "re-sealed" in Italy);
• that the assets are not required to settle the debts and other business of the deceased
  (in either Australia or elsewhere);
• that law of intestacy in Italy applies to the asset;
• that the Administrator of the estate has no objection to the sale; and
• that the particular would-be buyer is somebody to whom the Administrator is happy to sell;
• that the would-be buyer is somebody who is (under Italian law) legally allowed to own property in Italy;
• etc...

It can also help to understand:

• that you don't have a right to buy the property, just because you want to;
• that, at this stage it doesn't much matter what the surviving family wants, (or doesn't want),
  the decisions are made by the Administrator;
• that even if everyone agrees, you'll still need to somebody who can own property in Italy
  (Not all foreigners are eligible)
• that it isn't possible to "carve out" this asset from the overall debts and legacy bills and costs of the deceased;
• the Administrator is obliged at law to get the best possible price for the asset.
  So there is no lawful prospect of them selling it to you at an artificially low price, just because you are family.

 

[jmcefai]

Thanks for the detailed reply!

There are no problems from the Italy part. I just need a document confirming who the heirs are from Australia.

May I ask about this route:

The person in questions passed away over 15 years ago, have the death certificate and on which his children (heirs) are listed.

No Will exists.

No letters of admission was ever done.

In view of the above, would a legal professional in Australia have enough material in hand to compile a document stating who the heirs are (as established by law)?

I'm assuming that if for example there was a will, it would have been known by now (15 years since passing), and given this is not the case, its easy to verify who the heirs are at this point.

or there is something else which need to be considered by a legal professional in Australia to issue the document i need?


thanks

 

[Tim W]

No Will exists.

No letters of admission was ever done.

Does the estate in Australia remain unadministered?
If so then the entire exercise may well become somewhat more complex.

 

[jmcefai]

Does the estate in Australia remain unadministered?
If so then the entire exercise may well become somewhat more complex.

thanks for the message,

The deceased had a wife (still alive) and I'm assuming she takes care of any properties owned in Australia (or rather jointly owned) by the deceased. maybe that's why there was no need to go through the administration process in Australia.

Inheritance laws in italy stipulate that unless there is a WILL stating otherwise, the children of the deceased inherit equal shares of property of the deceased. if said property was inherited by the deceased from his side of the family (such as in this case), then his children automatically inherits said property in equally parts (and his wife does not inherit said property)

As I'm understanding it, the document I need kind of must say that no Will exists (after this being verified), who the children of the deceased are (as per the death certificate), and therefore per law, his children are his heirs (for property which was passed to the deceased from his own family)

I know such document might have no legal weight in Australia but this is need for outside of Australia. It is needed to merely verify who the children of the deceased are and that no will exists. Then the relevant paperwork will be filed in italy about property inheritance according to italy laws, because the property is in italy.

thanks

 

[jmcefai]

Thanks again for the help.

Wanted to clarify things. the deceased had no will, but he co-owned the assets with his wife. hence when the deceased passed, there was no need to file for a probate/letter of administration because the assets were inherited by his wife.

my question is, in nsw, is there any paper trail to verify the above? (when the deceased passes, they file some paperwork or soemthing for the wife to inherit assets or something?)

 

[Tim W]

(when the deceased passes, they file some paperwork or soemthing for the wife to inherit assets or something?)

That sounds like the Letters of Administration...

 

[jmcefai]

That sounds like the Letters of Administration...

is it? even if the properties in questions were/are co-owned by the deceased partner? (and kind of said partner needs to gain full ownership) thanks