Anglicisation chaos

LUCCIANO Lombardi was born in Italy and migrated to Australia in the late 1950s, when he was twelve years old.

Finding that most Australians struggle to say his name properly, Lucciano begins to go by Luke Lombard, which is the name printed on his first Driver Licence.

In 1978 Luke buys a house at 123 Fake Street.

Luke uses his Italian Birth Certificate to establish his identity.

When the purchase settles, the Certificate of Title records his name as ‘Lucciano Lombardi’.

Unfortunately, in 2020, Luke is diagnosed with cancer.

Luke decides to see a solicitor and to ensure that his affairs are in order.

The solicitor takes a copy of Luke’s Drivers Licence to confirm his identity but does not ask if he is known by any other names.

Luke’s solicitor drafts a will that is promptly executed.

The will states ‘This is the last will of me Luke Lombard…’.

Twelve months later, Luke passes away.

Luke’s executor, a friend who has only ever known Luke by his anglicised name, retains the solicitor who drafted Luke’s final will to obtain a Grant of Probate, which is granted six months later over the estate of the late ‘Luke Lombard’.

The executor asks the solicitor to sell Luke’s property.

As part of the conveyancing process, the solicitor conducts a title search and discovers that he is unable to deal with the Fake Street property because the name on the Certificate of Title is different to the name listed in the Grant of Probate.

The solicitor has to apply for an amended Grant of Probate in the name of ‘Luke Lombard, also known as Lucciano Lombardi’.

Although not uncommon, anglicised names often cause issues with solicitors who lack experience in estate administration.

Had the solicitor conducted an early Title Search on Luke’s property before applying for a Grant of Probate, he could have avoided unnecessary delay and expense.

Thank you to solicitor Jamie Visco for his assistance with this column.

Email Manny Wood, principal solicitor at TB Law at manny@tblaw.net.au or call him on (02) 66 487 487.