Thursday, 14 November 2024

Probate fees

Evan MULHOLLAND (Northern Metropolitan) (12:13): (743) My question is to the Attorney-General. In its statement of reasons for the up to 650 per cent hike in up-front probate fees, the government acknowledged that executors can face challenges in accessing funds before the grant of probate. In response the government noted options available to executors, including legal fee loans, family loans and credit cards. Does the Attorney-General think it is fair to expect a grieving son or daughter acting as an executor for their deceased parent to max out their own credit card or take out a loan in order to pay for this greedy government’s probate fee hikes?

The PRESIDENT: I can see the minister is happy to answer, but I feel like that is asking an opinion. The minister can answer if she wishes.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:14): I can give an answer to Mr Mulholland’s question, despite your guidance, President. Mr Mulholland, I think the best response to your question is to point to the fact that individuals who are suffering financial hardship who are unable to pay probate fees before an estate is settled may be eligible for a fee waiver.

Evan MULHOLLAND (Northern Metropolitan) (12:14): Wow. While the government seemingly expects grieving children to max out their credit cards or take out a loan to pay probate fees, Labor is also looking to give special treatment to a government-owned business, State Trustees. The government has said alternative solutions specifically for the State Trustees are being explored in collaboration with the probate office. Why is Labor looking to give preferential treatment to its own government business but not giving it to a grieving son or daughter who has just lost a parent?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:15): Mr Mulholland, I have canvassed the probate fee changes extensively over the last couple of days. I have put on record that there are further consultations and conversations going on as this policy is implemented.