Margaret: supporting finalisation of a deceased estate

Margaret sought to lodge her late partner’s outstanding tax returns to finalise his estate. She provided the ATO with a certified copy of the will, which named her as the authorised Legal Personal Representative (LPR). However, the ATO requested that she obtain probate. When Margaret contacted the Supreme Court, she was advised that probate was not necessary, as her partner had no assets. Moreover, the cost of obtaining probate—approximately $300—posed an unnecessary financial burden.

We requested the ATO reconsider its requirement for probate. Our submission highlighted that Margaret had already provided a certified copy of the will confirming her role as LPR, and that probate was not legally required due to the absence of estate assets. 

The ATO reviewed the circumstances and agreed that probate was not necessary. They accepted the certified will as sufficient evidence of Margaret’s authority as LPR. Margaret was then provided with the information she needed to lodge her late partner’s tax returns, allowing her to finalise the estate without incurring unnecessary costs.