Keeping you moving forward
The passing of a loved one is a painful thing to try imagine, let alone plan for.
In our efforts to be present in the lives we lead, it’s especially easy to overlook the things that need to happen for the people left behind.
Even when a Will exists, its not unusual for people to get overwhelmed by emotions of the moment, and the enormity of the tasks that await them:
“How do I administer a will?”
“What is probate? Do I need it?”
“What do I do if I’m the executor and a beneficiary?”
Wills, Probate and Letters of Administration
If you have lost a loved one who has left property behind, we expect to find a document detailing what is to happen, that is, their last will and testament.
In most circumstances you will need to seek the authority of the Supreme Court of WA to deal with the deceased’s estate; which is called a ‘Grant of Probate.’ This may be the case even if you are named as the Executor in a valid will.
However, it’s not always straightforward as it not uncommon for circumstances to change from the time a Will was written or for instructions to be unclear about who does what and what needs to happen. Quite commonly, a person dies without a leaving a valid will i.e. they have died intestate.
In these circumstances, you may need to apply for what is called ‘Letters of Administration’, as a Court will need to provide further guidance on how to administer an estate in accordance with the relevant laws.
Why Loukas Law are probate lawyers Perth clients can turn to
In addition to a premier family law service, we have probate lawyers Perth clients can expect to provide them with strength and sensitive services, in what are usually extremely emotionally difficult times.
We can assist you in managing, administering and distributing an estate to the relevant beneficiaries, in accordance with the Will and the law in WA, including: transmission applications, property transfers, survivorship applications, and transfers to beneficiaries.
And while we do not provide drafting and estate planning services, we can refer you to services to have a new Will drawn up, particularly in circumstances following divorce, where there are implications for existing Wills.
For more information, please visit the Supreme Court of WA’s Probate Registry.