Hi There,
I am currently in process of assisting my client whose husband(used to be my client as well before his death) died few weeks ago. The person who passed away left will and his wife is sole beneficiary of everything. I have received letter from Lawyers (survivorship application - estate of late Mrxx) saying that there is no statutory requirement to obtain probate and confirmed Mrs as a beneficiary.
I informed ATO about his death and they have removed him from my tax agent portal. I called ATO to know if I can be authorised tax agent to lodge his tax return till date of death and they told me that Mrs should send Notification of deceased person form.
Notification of deceased person forms says : "If you do not provide grant of probate or letters of administration you will not be recorded as an authorised contact on the deceased person's record".
Questions i would like to ask :
My client(Mrs of deceased) doesn't have grant of probate or letter of admin, only letter she received from lawyers states that there is no need for probate. Will she be considered authorised person by the ATO ?
How can i be authorised agent again of the deceased person and lodge his tax return till date of death ?
Can she authorise me as a tax agent again once she got authorised by the ATO?
Will she get any written confirmation from the ATO that she is authorised person now ?
Thank you for your help.