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Probate & Deceased Estates

Probate & Deceased Estates
PROVIDING LEGAL ADVICE FOR OVER 45 YEARS

Probate and deceased estates

Being left with the responsibility of dealing with a deceased estate is difficult to deal with when you have just lost someone you love.

Paperwork, legal matters and family mediation should be the last thing you have to cope with at this time, so at Avery & Ashoorian Lawyers, we are here to help.

Probate is the process of proving and registering in the Supreme Court the last Will and Testament of the deceased.

We advise executors and trustees and assist with the duties and obligations which come with being executor of the Will. As your lawyer, we will help ensure that the Will is followed, along with supporting you with the distribution and disposal of their assets and debts.

Some of the ways we can assist in this time include:

Applying for Probate of the Will in the Supreme Court

Contesting wills and defending estate litigation in the Supreme Court

Contesting wills and defending estate litigation in the Supreme Court

Dealing with intestacy (where there is no Will)

Applying for Letters of Administration (if the Will is deemed invalid or absent)

Collecting estate financial assets

Paying estate debts including mortgages and funeral costs

Administration of trust funds

Distributing bequests and inheritances to beneficiaries

Family mediation and negotiation

WHY CHOOSE AVERY AND ASHOORIAN LAWYERS?

Avery and Ashoorian Lawyers is here to help. We are a full-service law firm with over 45 years of experience. 

We have a team of experienced lawyers who can handle any legal situation, from wills, probate, divorce to personal injury.

ChanaChana
08:23 29 Jun 22
Ryan changed my life. Thank you so much for everything my friend.
Paul GibbonsPaul Gibbons
23:57 16 Jun 22
Cannot recommend nor thank Ryan and his team enough. He made everything clear to understand and put my mind at ease instantly regarding legal matters effecting my life. Thank you
Jae KJae K
05:07 29 Mar 22
Excellent service provided by Ryan and team. Straightforward, clear, efficient and fairly priced. Ryan was able to draft and issue wills plus POAs for my wife and I in just over an hour total. Competent and a pleasure dealing with - a real asset to his profession. Highly recommended!!
Vanessa DelalandeVanessa Delalande
11:39 23 Feb 22
Ryan has been amazing, He was a recommendation from a friend. From the start he assured me and gave great advice and options. He was always upfront and available. My legal matter was resolved with the outcome in my favour. Will be reccomending to my friends. Awesome Laywer 🙌
Desiree HolzDesiree Holz
04:26 23 Aug 21
Ryan is an exceptional lawyer, he has a lot of knowledge and his advice is fair and reasonable, he won't tell you what you want to hear but what you NEED to do to get to where you want to go! Another plus of using Ryan is that he is actually 'available' which is a huge plus also when dealing with lawyers who always seem to busy to take your calls. I would highly recommend his services !
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FAQ'S

Probate:

A Grant of Probate is a document that gives the executor of a will the authority to commence the process of administering the estate. The Supreme Court is responsible for issuing grants of probate. The executor is the person who is responsible for carrying out the instructions in the will, including distributing the deceased’s assets to beneficiaries. If a person dies without a will, their next of kin can apply for a Grant of Letters of Administration. This is similar to a Grant of Probate, but it allows the next of kin to administer the estate instead of an executor. Applying for a Grant of Probate or Letters of Administration can be a complex process, so seeking legal advice from Lawyers Perth is advisable. Once a Grant of Probate has been issued, the executor can then start to distribute the assets of the estate in accordance with the will.

Receiving a grant can take lawyers anywhere from four to six weeks. The first step is to file an application with the state government, which must be accompanied by supporting documentation. Once the application is received, it will be reviewed by a team of lawyers. If everything is in order, the lawyers will then draft the grant agreement. This document will outline the terms and conditions of the grant and must be signed by both parties. Once the agreement is signed, the grant will be paid out in full. However, the process may take longer if there are any issues with the application or supporting documentation. In such cases, it is not uncommon for Lawyers Perth to request additional information from the applicant.

When you come in for your consultation with one of our lawyers, there are a few things you should bring with you:

  1. Any paperwork or documentation related to your case. This may include police reports, medical records, or contracts.
  2. A list of any questions you have for us. This will help us better understand your situation and give you the best possible advice.
  3. An open mind. We will provide you with our honest assessment of your case, and we may suggest options that you hadn’t considered before.
  4. Don’t forget to bring a friend or family member for support.

We know dealing with legal matters can be stressful, so we want to ensure you have all the resources you need to make the best decision for your situation. It’s essential to be as prepared as possible for the consultation so that the lawyers can clearly understand your situation. If you have any questions or concerns, write them down before the consultation so that you don’t forget to ask them

When an estate is being administered, the executor needs to provide certain information about the assets and liabilities of the estate. This information is required to obtain a grant of probate or letters of administration from the court. The executor must prepare an inventory of the estate’s assets and liabilities and a statement of affairs. The inventory must list all of the estate’s assets, including real estate, personal property, cash and investments. The executor must also provide information about any debts the estate owes, including funeral expenses and taxes. The statement of affairs must give an overview of the estate’s financial affairs, including income and expenditure. It is important to note that this information is required even if there is no will. If you are administering an estate, it is advisable to seek legal advice to ensure that you comply with your obligations.

Letters of Administration:

When a loved one passes away, it can be a difficult and confusing time. If the deceased did not leave a Will, their estate would need to be administered according to intestacy laws. This process is known as Letters of Administration.

You will be responsible for administering the estate if you are named as an executor in a Will. However, if there is no Will or the executor is unable or unwilling to act, someone else will need to apply for Letters of Administration. This is usually a close relative of the deceased, such as a spouse or child.

The process of applying for Letters of Administration can be complex and time-consuming. You will need to gather all relevant documentation and file an application with the Court. It is strongly recommended that you seek legal advice from experienced Lawyers Perth before beginning the process.

Letter of Administration provides significant legal authority to an individual (often called an “administrator”) to settle the financial affairs of someone who has died without leaving a valid Will (known as dying “intestate”). When someone dies intestate, their property (known as their “estate”) must be distributed according to specific rules in the Legislation. These rules often result in family members receiving unequal shares or some family members being completely excluded from receiving anything. Applying for and being granted Letters of Administration gives the administrator the power to distribute the estate following a Deceased Estate Plan, which can override the default rules set out in the Legislation. This allows families greater flexibility in how they choose to distribute an estate and can avoid potential conflict amongst family members down the track. Seeking legal advice early on in the process can save a lot of time, stress and money down the track.

If you are looking to apply for Letters of Administration, you should know a few things. 

First, letters of administration can only be applied for by lawyers who are registered with the Legal Practitioners Board in Perth. 

Second, the application must be made to the Supreme Court Registry in Perth. 

Finally, you will need to provide several supporting documents, including proof of identity and an original death certificate. If you have any questions about the process, or if you need help gathering the required documents, your lawyer can assist you.

If you are applying for a Grant of Letters of Administration, you may be wondering how long the process will take. The answer can vary depending on several factors, including the complexity of the estate and the number of beneficiaries involved. However, in most cases, it is possible to receive the Grant within 8-12 weeks from when lawyers Perh are first instructed. This is a relatively quick turnaround time compared to other jurisdictions, and you can start administering the estate as soon as possible. Of course, it may take longer to receive the Grant if there are unforeseen delays or complications. However, in most cases, you can expect to have everything wrapped up within three months.

Property transfers:

If you are looking to sell real estate that forms part of a deceased estate, there are a few things you need to know. In Western Australia, the process is managed by experienced lawyers handling these kinds of cases. The first step is to obtain a copy of the death certificate and the Will, if one exists. Next, you must apply for a Grant of Probate from the Supreme Court. Once you have received the Grant of Probate, you can list the property for sale. It is important to note that the sale of real estate from deceased estate can be a complex and time-consuming process. For this reason, it is advisable to seek professional legal advice from Lawyers Perth before proceeding.

A Survivorship Application is a legal document that is filed to transfer property ownership from one person to another. The document is typically used in the event of the death of an owner, and it allows the surviving owner to take control of the property. In Western Australia, a survivorship application must be filed with the Office of State Revenue. The application must be signed by both parties, including proof of identity, ownership, and a death certificate. Once the document has been filed, the property will be transferred to the surviving owner.

Transmission Applications are a type of application that can be made to the Western Australian Land Registry. They are generally used in situations where a property owner dies, and the title needs to be transferred to another person. Transmission Applications can also transfer property between joint owners or change the ownership details on a title (for example, if a married couple gets divorced). To make a Transmission Application, you must fill out a form and submit it to the Land Registry. You will also need to provide supporting documentation, such as a copy of the death certificate or divorce decree. Once your application has been approved, the new ownership details will be updated on the title.

Inheritance disputes:

Inheritance disputes are surprisingly common, and they can be very complex. In Western Australia, the Inheritance (Family Provision) Act 1972 governs who can challenge a will. Generally speaking, only certain people who were ” dependent ” on the deceased person at the time of their death are eligible to make a claim. This includes spouses, children, and other members of the immediate family. However, there are some exceptions to this rule. For instance, someone who was cut entirely out of a will may still have grounds for a successful challenge. The best way to determine whether you have a case is to speak with Lawyers Perth, who specialises in inheritance disputes. They will be able to assess your situation and advise you on the best course of action.

If you are considering contesting a Will in Western Australia, it is crucial to seek legal advice as soon as possible. Inheritance disputes can be emotionally charged and difficult to resolve. If you believe you have been unfairly left out of a will, it is essential to seek legal advice as soon as possible. There is a strict time limit of six months from the date of the Will being lodged with the court to challenge its validity. After this point, the Will is considered to be legally binding. Lawyers Perth will be able to advise you on the best course of action to take and can represent you in court if necessary. We have experience in all areas of Will disputes, and we will work closely with you to ensure that your interests are protected.