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Assessment instructions: Your supervising solicitor at Mt Gravatt Law Centre is still Janelle Story. Referring to Assessment Task 1, you prepared the Will for Margaret Rose Brown and this original...

Assessment instructions:

Your supervising solicitor at Mt Gravatt Law Centre is still Janelle Story.   Referring to Assessment Task 1, you prepared the Will for Margaret Rose Brown and this original will was kept in the office’s Safe Custody facility.
Mrs Brown passed away the week previously and her daughters Jane, Maree and Pearl have all come in to the office to meet with Janelle to make application for a Grant of Probate with respect to Mrs Brown’s estate.
You are to use the Will in Assessment Task 1 in this Assessment Task 2.
Maree Jane BLIGH is named as the Executor as first choice and she informed Janelle that she is happy to fulfil this role with respect to the Grant of Probate.
Jane has placed on your desk the following:
1.    New Client Information Sheet (Attachment A)
2.    Probate Questionnaire (Attachment B)
3.    The original Death Certificate of Dorothy (Attachment C)
Your Tasks
You are to prepare all the relevant documents for application for a Grant of Probate on behalf of Maree as she is named as the Executor.  You have access to the Centre’s data base to download all the relevant precedents.
Task 1
You must open a new client file, therefore, complete the New File Coversheet (Annexure A) with the appropriate information you have been provided by Janelle.  You then place this coversheet on the front of a new hard copy folder which is in accordance with the Centre’s policy and procedures in opening new files.  This New File Coversheet is to be on a separate page when submitting your Assessment for marking clearly marked Part A Task 1.
Task 2
You must research the details of the local paper for the advertising of the intention to apply for a grant of probate and comply with the relevant Supreme Court Practice Directions.
When you have discovered this is you must:
1.    Prepare the wording for the advertisement to be proof-read by Janelle
2.    Find out how much it is to advertise the Intention to apply for a grant of probate with the paper and when deadlines are for the next advertising day for such notices.
3.    When this next advertising day will be
4.    Prepare a draft letter (using Letterhead ‘Annexure B’)to the local paper that will include the Notice for publishing and other relevant information they require
Task 3
You must prepare the relevant material and obtain the costing for the Notice of Intention to be advertised in The Queensland Law Reporter in accordance with the relevant legislation governing Grants of Probate.
When you have discovered this, you must:
1.    Prepare the wording for the advertisement to be proof-read by Janelle
2.    Find out how much it is to advertise the Intention to apply for grant of probate with The Queensland Law Reporter
3.    Prepare a draft letter (using Letterhead’ Annexure B) to The Queensland Law Report that will include the Notice for publishing and other relevant information they require
Task 4
You must provide the Public Trustee with a copy of the relevant advertisements.  Refer to the governing legislation and practice directions and complete the following:
1.    List the methods that can be used to provide the Public Trustee with the relevant material they require and chose a method that you will recommend to Janelle to be used in this scenario and why.
2.    List any costs associated with this task.
3.    List the critical dates and the tasks associated with these dates so that they can be placed in Janelle’s diary so that dates are not missed.
4.    Explain why it would be critical that these dates are not missed.
Task 5
Referring to the relevant Uniform Civil Procedure Rules 1999, prepare the documents for the application to the Supreme Court, using the appropriate forms.  You will be required to attach where relevant, the original will (from Assessment Task 1 that you prepared) and the original death certificate (Attachment C) . Ensure that the information you transpose into the relevant forms is in an equivalent font to the form and clearly and accurately completed with the personal details and facts that you have been provided with. The appropriate forms are namely:
o    Affidavit of Publication and Service
o    Application for Probate
o    Affidavit Supporting Probate Application
o    Certificate of Exhibits for both Affidavits
Task 6
Research and obtain the relevant fee to be paid for filing the application and then prepare a Schedule of all professional fees, costs and outlays that will be required to be paid by the Executor.  Use the precedent Schedule (Annexure C) to complete this task.
Task 7
Complete the Critical Dates precedent (Annexure D) with respect to the entire matter to ensure compliance with the organisational policy and procedures, together with legislative requirements relating to applications for a grant of probate.



Oct 07, 2019
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