Probate, title transfer of property due to death questions

Viewing 7 posts - 1 through 7 (of 7 total)

DWolfe
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@dwolfe
Join Date: 2009
Post Count: 1,253
November 8, 2010 - 2:45 am
Hi everyone,
Can anyone suggested a good solicitor in the Hunter Valley area to deal with probate and transfer of property to heirs.
My elderly grandmother is trying to deal with a solicitor at the moment who has told her he will charge "a percentage" and to get the land in question "valued" by a real estate agent (!) his agent actually.
I think this all reeks, I don't know why you would get land valued for this kind of transfer as I was under the impression that there was no stamp duty if the land was willed to a person. Also why would you get a real estate agent to value rather than a sworn valuation?
I'm down here in Melbourne and any help any one could give me would be great.
D
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Jacqui Middleton
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@jacm
Join Date: 2009
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November 8, 2010 - 5:20 am
Hi DWolfe,
A percentage? That works great for your grandmother and the heirs if the property value is low…. but if it's worth a bit… well…
With regards to getting a real estate agent to value the land… If the unimproved land value on the rates notice is not acceptable, then a proper valuation company does the valuation, not the real estate agent. I agree this guy reeks. I'll send you a PM
Jacqui Middleton | Middleton Buyers Advocates
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Paul Dobson
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November 8, 2010 - 7:20 am
Hi D
Sounds very suss to me. I recommend you have a talk with Steve Harvey at the Harvey Law Firm in Argenton. Steve is a real straight shooter. His contact details are:
Harvey Law Firm – Solicitors and Conveyancers
Postal: Box 3042, Glendale NSW 2285
Phone: (02) 4958 8889
Cheers, Paul
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DWolfe
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@dwolfe
Join Date: 2009
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November 8, 2010 - 7:47 am
Thanks JacM,
Thanks Paul, I'll check out your guy, has to better than this guy!
D
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MikeF
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@mikef
Join Date: 2008
Post Count: 60
November 8, 2010 - 9:27 am
In NSW obtaining probate does not require a valuation of the assets for most simple estates and is done using an "estimated or known" value. Outside of the beneficiaries interests, the gross value of the overall assets within the estate is used by the government to calculate the lodgement fees payable.
The following is straight off the NSW Supreme Court Probate website……..
"The Court does not require formal valuations, but nevertheless a realistic estimate of value should be made by the executor. For other purposes, such as taxation, it may be necessary to have assets formally valued"

http://www.lawlink.nsw.gov.au/lawlink/supreme_court/ll_sc.nsf/pages/sco_probatefaq
DWolfe
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@dwolfe
Join Date: 2009
Post Count: 1,253
November 8, 2010 - 10:18 am
Ahhh…
Cheers Mike, really appreciate that!
D
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thecrest
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Join Date: 2004
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November 11, 2010 - 1:13 pm
Hi D
Can recommend our solicitor based in Forster NSW.
Will PM you his details and why we recommend.
Cheers
thecrest
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