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Will and Probate Dictionary of Terms and Phrases

Administration of an Estate – This concerns the settlement of a deceased estate, whether testate or intestate.  The assets of a deceased are determined and appraised, the deceased’s debts are determined and paid, the amount of taxes calculated and paid, and the remaining assets distributed to the persons or entities entitled to them either by […]

By |May 17th, 2015|Uncategorized|Comments Off

What property can be disposed of under a valid will?

The property of the deceased estate

In WA, a deceased estate includes all the property of a deceased person under the Wills Act 1970 and may include (for example):

land solely owned or owned tenants in common with another person;
an interest in land (eg. a lease); and
personal property (eg. bank account, car, shares, life insurance, patent or […]

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Inheritance claims – Have you been cut out?

If you believe that:

a will is unfair because you have been left out of the will, or you only received a small amount under the will, or
the will is invalid because the deceased did not have mental capacity or was subject to undue influence or pressure by someone,

you may wish to consider contesting the deceased’s […]

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Grant of Probate or Letters of Administration – What if the will is not signed and witnessed?

When can I obtain a Grant of Probate?

If the deceased person died leaving a valid will and assets in WA, you most likely will need to apply for a Grant of Probate in WA to administer the deceased estate.

Probate is the process of registering a deceased person’s will in the Supreme Court so the named […]

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Probate Frequently Asked Questions

Do I have to use the lawyer who prepared the will to obtain a Grant of Probate?

No.  If the lawyer is holding the deceased’s will in safe custody, another lawyer can obtain the will.

What if I cannot find the original will?

If you have made an extensive search for a will and not found one, you […]

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Why would I need a Grant of Probate or Letters of Administration?

You may need to obtain a Grant of Probate or Letters of Administration because some people or organisations holding assets of the deceased estate will not release them without sighting a Grant of Probate or Letters of Administration.

Below are listed some common types of property.  Depending upon the circumstances, you may not require a Grant […]

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