Grants of Probate & Letters of Administration in 7 Days!
The Western Australian Supreme Court is granting well-prepared Applications for Grants of Probate and Letters of Administration in about 7 days at the moment. However, if you choose to have the Grant posted out to you, rather than collecting it from the registry, it takes another 2 weeks to arrive by Post. We are not […]
Probate Applications
We are assisting with probate applications for a couple of executors. One involves an executor who is in Melbourne, but the deceased, his aunt, lived here in Perth. Her sister, the executor’s mother also lives in Perth, so to simplify the process, the executor is appointing his mother as his attorney for the purpose of […]
Deceased Estates & Winding-up
I received an enquiry from lady whose father passed away 5 years ago, and despite obtaining probate nearly 5 years ago, the executor has done much nothing to wind up the estate. In particular, the executor has failed to lodge a transmission application to transfer the father’s house to his name, and has left it […]
Case Summary of Walsh v Adrian Cory Sloan as Executor of The Estate of The Late Laurette Dorothy Keddie [2019] WASCA 107
This case is an appeal regarding a Will bequeathing a house as a gift to a friend. On the face of it, the clause was straight forward: “I give my motor vehicle, my household chattels and my principal place of residence at my death to my friend…” However, a Will takes effect as if it […]
Probate of Will with Informal Codicil
This week Michael met with an accountant to receive some instructions to apply for probate on a Will that we drafted about 10 years ago. There is also a rather informal codicil which the accountant had drafted for the client, which appears to be valid, despite being in the form of a letter and not […]
Requisitions when Executors Apply for Probate Themselves
I saw an executor of an estate yesterday. He was doing his probate application himself. He received a requisition from the Probate Registry of the Supreme Court because the Will stated that “the documents in a folder entitled Will on the C Drive of my computer form part of my Will”. In that directory were […]
When Probate isn’t Necessary
We spoke to an old client yesterday. She wanted help getting probate on her late mother’s will. We could have helped her do that, but her mother’s estate is only about $10,000.00 most of which is in a Bankwest bank account. We advised her that she would not need to obtain probate and we confirmed […]
Winding Up Estates
We’ve been helping a client wind up an estate. Unfortunately, she started without us, and distributed a lot of what should have been the residuary estate to the intended beneficiaries, including herself. However, it then turned out that the unallocated assets were insufficient to cover the liabilities of the estate. So a proportion of the […]