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VIC Dad Died Intestate 5+ Years Ago - Apply for Probate?

Discussion in 'Wills and Estate Planning Law Forum' started by Damien1280, 16 December 2014.

  1. Damien1280

    Damien1280 Member

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    My father died intestate 5 years ago. He left a wife but the house is in his name only on the title. His wife has lived rent free in the house since his death. Nothing was done to have the house put into his wife's name after his death and his wife (my mother) has now also passed away leaving a valid will. Would it be best to apply for letters of administration and windup my father's estate first then apply for probate of my mother's estate which consists of only liquid assets and her share of the sale of his house according to the intestacy formula? What are the capital gains tax / land tax implications of not having acted to get his house transferred to my mother on the title, when my dad died ?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Damien1280,

    I would suggest applying for them at the same time. Given that your mother has passed, under the rules of intestacy, your father's estate would pass to his surviving children in equal shares. Your mother's estate should be dealt with as soon as possible as well. Hence, a letter of administration (father) and probate (mother) should be applied for. Your mother's estate should not affect your father's and vice versa.
     
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  3. Damien1280

    Damien1280 Member

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    Hi Sarah J, thank you for your advice above. Do you have any thoughts on the CGT / Land tax issue as it has been 5 1/2 years since my father died - that is, in Victoria are penalty rates of CGT and Land tax payable after 2 years following the death of deceased?
     
  4. Sarah J

    Sarah J Well-Known Member

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    Hi Damien,

    Unfortunately, I am not familiar with taxation on assets. But this page from the State Revenue Office Victoria may help: "Deceased estates (land tax)"
     

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