Changes to the laws of intestacy in Western Australia
Western Australia’s laws relating to how property is distributed amongst family members after the death of a person who did not have a Will have
Western Australia’s laws relating to how property is distributed amongst family members after the death of a person who did not have a Will have
If you are not familiar with the ‘ins and outs’ of the Administration Act WA, here are five important points you should know.
A person dies intestate if they die without a valid Will. A partial intestacy occurs where a valid Will does not dispose of the testator’s entire estate.
The Administration Act 1904 (WA) sets out rules of intestacy in WA. The Act sets out a formula for dividing the estate among the surviving family members.
A probate application must include information about the deceased’s Will, the date and location of their death and a statement of their assets and liabilites. An application for Letters of Administration must set out the deceased’s family tree, the date and location of their death and a statement of their assets and liabilites.
You’ve identified that you need a Grant of Probate or Letters of Administration. You have a choice to make in terms of getting the job done – DIY or hire a lawyer. Let’s compare the options.
A surety guarantee is a guarantee given by a third party to make good any loss suffered by a beneficiary where an administrator improperly benefits him or herself or otherwise acts unlawfully.
Letters of Administration is a document issued by the Court confirming a person’s authority to deal with the affairs of a person who died intestate (without leaving a valid Will).
An application for Letters of Administration with the Will annexed is an application to prove a Will made by a person who is not named as an executor of the Will.
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Our plain-English guide How to manage a deceased estate has practical advice to help you to take charge and finalise the estate.