My father died in South Australia a year ago. He had a will that was prepared here. His only assets in South Australia were a bank account and a car, both of which were held as joint tenants with my mum. However, he had a house in Italy which was only in his name and which he left to me. My solicitor in Italy is demanding to see a grant of probate before the property in Italy can be transferred to me. Can I get probate in South Australia if there were no assets here that passed under the will?
SA probate where assets are overseas
- Thread starter Kathy Adamson
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- probate
Thank you. I am just a little concerned that the CourtsSA website says:
The Probate Registry of the Supreme Court of South Australia issues grants recognising that appointment of a legal personal representative. There must be an asset in South Australian for the Probate Registry to have jurisdiction to issue a grant – section 5 Administration and Probate Act 1919.
Assets were everything your father owned. The asset requirement is for jurisdictional purposes. He would have had something which validates theconnection if he resided in South Australia.
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