Deceased Estates
Elliott and Co provide legal advice and representation in relation to all aspects of Deceased Estate Law. This area is alternately described as Probate and/or Succession Law.
Whether you want hands on assistance with a particular probate matter or you simply want to talk through some issues (for example, to understand whether your expectations are reasonable, to ensure that you are doing “the right thing”, to attempt to avoid or manage a dispute or to assess whether you have a valid claim for an amount that is worthwhile) – we are happy to help.
The types of enquiries that are commonly dealt with include:
Wills/No Will
Lost wills
Obtaining a copy of a will;
Interpreting wills and other testamentary documents;
What to do if there is no will or the will doesn’t deal with all of the property of the deceased;
How to challenge a will (due for example, to a lack of testamentary capacity (e.g. unsound mind), undue influence, duress, fraud, uncertainty) and how to delay a will being proved in the Supreme Court (by caveat) so that enquiries relevant to a challenge can be made;
Inheritance/Distribution
How someone can inherit or a beneficiary can increase the amount that he/she will otherwise inherit from an Estate by making a claim under the Inheritance (Family and Dependants Provision) Act or by agreement (such as a Deed of Family Arrangement);
Issues relating to the distribution of estate assets (e.g. what is being distributed and to whom);
Burial
What rights exist in relation to burial, cremation and other funeral arrangements (for example, who decides and what role do the next of kin have);
Executors, Administrators, Trustees and Beneficiaries
The rights and responsibilities of the Personal Representative of a deceased (e.g. Executors and Administrators, including joint), trustees and beneficiaries (including de facto partners, adopted, unborn, illegitimate and stepchildren and those with special needs). What to do when a Personal Representative, Trustee or Beneficiary is acting inappropriately, unfairly or too slowly or where disagreements arise etc.
Supreme Court Applications
Applications to the Supreme Court of Western Australia to:
Obtain Grants of Probate or Letters of Administration (including filing motion, affidavit in support, asset and liability statement, guarantee, surety, renunciation and revocation documents, and responding to requisitions and dealing with witnesses);
Prove wills in Common Form or Solemn Form;
Reseal a Grant of Probate (i.e. a “foreign grant”, one obtained outside of Western Australia);
Administering the Estate
Administering the Estate such as paying funeral expenses, preserving, investing, maximizing and calling in assets, carrying out gifts and legacies, paying debts and dealing with bankrupt estates;
Dealing with superannuation funds, banks, creditors, the Australian Tax Office, insurance companies, Centrelink and other bodies in relation to matters arising as a result of death;
Transferring ownership in real estate, motor vehicles and other property as a consequence of death (e.g. to a joint tenant by way of “survivorship” or to a beneficiary inheriting as a tenant in common);
Managing “life interests” created by a will;
Establishing and administering trust funds;
Associated Roles and Powers
Understanding the role of the Public Trustee and the Coroner
Recognising and dealing with criminal matters relating to an estate and/or offences committed against a person before they die (e.g. with respect to fraud, forgery etc.);
Understanding Powers of Attorney;
Mutual Will agreements
Creating mutual will agreements (between say, a husband and/or wife of a second marriage to protect the interests of the children from a first marriage).
Executor Duties in Western Australia
Click here for a free list of the duties of an Executor in WA
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