Probates, Trusts, Wills

DECEASED ESTATES

LYNN & BROWN LAWYERS can help you:

• With advice on how to handle the affairs of someone who has died.
• Tell you your obligations if you are an executor.
• Assist you make application to the Supreme Court.

Are you confused about how to handle the affairs of someone who has died? 
Have you been appointed executor in a will?  Are you unsure of your obligations?
We can help.

What is a Grant of Probate? 
Probate is the process where the Supreme Court approves the last will of a deceased person. To obtain a Grant of Probate, the executor named in the will must make an application to the Probate Office of the Supreme Court. If the application is approved, the executor is given a Grant of Probate.
A Grant of Probate authorises the executor to administer the estate of the deceased according to the terms of the will. This allows the executor:

• To finalise the estate of the deceased;
• Authorises them to perform functions such as:
• collecting payment of debts due to the estate;
• paying creditors of the estate; and
• disbursing the remaining assets of the deceased as stipulated in the will.

Do I need to apply for a Grant of Probate?
If you answer YES to either of the next two questions, a grant of probate may be required before you can wind up a deceased estate:

• Did the deceased own any assets (eg bank accounts, shares, real estate) solely in their name at the time they died?
• Did the deceased own real estate as tenants in common with another party at the time they died?

If you answered NO to both questions above:

• As the deceased did not own any assets or real estate - then a Grant of Probate is not required.
• as the deceased did not solely own any assets, but did own joint assets (such as a joint bank account), or owned real estate as a joint tenant - then a Grant of Probate is not required.
  
  However, if the deceased held real estate as a joint tenant (eg with a spouse), the title can be transferred by way of survivorship. Jointly held bank accounts will normally be transferred to the surviving party on production of a death certificate to the bank by the surviving party.

If you answered YES to either question you will need to obtain a Grant of Probate.
The executor may apply for probate in person or appoint a legal practitioner to act for them.  The legal costs of obtaining a Grant of Probate and administering an estate are normally payable by the estate, not by the executor personally.

It is important to note that executors applying "in person" cannot conduct matters through agents, nor can anyone other than the executor be involved in the execution of the will. The only exception to this rule is when a legal practitioner is on Court record as representing an executor. An executor may appoint a legal practitioner at any stage of the application.

At Lynn & Brown Lawyers, our solicitors have many years of experience in managing deceased estates.  We can assist executors with as little or as much of the process as required, from preparing the documents necessary to obtain the Grant of Probate, through to administering the estate and finalising the distribution to the beneficiaries.

Costs will vary depending on the extent of our instructions and the complexity of the estate.  Please call our offices for more information.

What do I do if  there is no valid will?
When a deceased person died owning assets but did not have a valid will, it is called intestacy.  In this case the Administration Act provides the rules as to how the deceased person’s assets are to be distributed.  In application must be made to the Probate Office of the Supreme Court of Western Australia for a Grant of Letters of Administration, usually by the deceased’s next of kin.  The successful applicant will be appointed as the administrator of the estate.

The Probate Office of the Supreme Court of Western Australia recommends that legal advice be sought in these circumstances as applications for a Grant of Letters of Administration are complex and there are no standard forms available for this purpose.

The solicitors at Lynn & Brown Lawyers have many years of experience in dealing with intestacy and can guide families through the complexities of the Administration Act.   We can assist administrators with as little or as much of the process as required, from preparing the documents necessary to obtain the Grant of Letters of Administration, through to administering the estate and finalising the distribution to the beneficiaries.

Costs will vary depending on the extent of our instructions and the complexity of the estate.  Please call our offices for more information.