Slide 1
Probate & Letters of Administration
What is ProbateProbate is the process of registering a deceased
persons Willin the Supreme Court so the named executor under the
Willcandeal with the deceaseds assets (i.e property, bankaccounts
and shares) andadminister them according to theWill (or otherwise
pursuant to a Deed of FamilyArrangement).
Do I need Probate? If the deceased died leaving a valid Will,
you will most likely require probate. If you are unsure if you need
Probate, give one of our expert lawyers a call.
What is Letters of Administration Letters of administrationis
the process of applying tothe Supreme Court toadminister the
deceasedsestate pursuant to section 14 of the Administration Act
which sets out a formula as to how a deceaseds estate is to be
distributed (i.e if the deceased left a spouse and children the
spouse gets 1/3 plus $50,000 and the children get 2/3s).
Do I need Letters of Administration?Ifthe deceased did not leave
a Will, or the Will is deemed to be invalid (ie was not executed
correctly or they remarried or divorced after making the Will), you
will most likely need to obtain Letters of Administration.If you
are unsure if you need Letters of Administration, give one of our
expert lawyers a call.
What is Resealing of Probate? Where the deceaseds died leaving
assets situated in another State or Commonwealth country, aGrant of
Probate or Letters of Administration may need is issued by a Court
of that jurisdiction. If you have already obtained the Grant of
Probate (or Letters of Administration) in another State or Country,
then you will need toapply for the Grant of Probate to be resealed;
inthe other jurisdiction.
Do I need Resealing of Probate?If the deceased die leaving
assets in more than one jurisdiction, which is typically the case
where the deceased had a share portfolio, then you will most likely
need to have the Grant of Probate resealed in the other
jurisdiction.If you are not sure if you need a Resealing of the
Grant of Probate, give one of our expert lawyers a call.
If you want us to assist you in obtaining a Grant of Probate,
Letters of Administration or the Resealing of the Grant of Probate
then contact us by phone or email to make an appointment to meet
one of our expert lawyers.
At this meeting you will need to bring:for the Grant of Probate
:- the original Will and death certificate of the deceased and a
statement of the assets and liabilities of the deceased (see sample
below).for Letters of Administration :- the original death
certificate of the deceased, identification and astatement of the
assets and liabilities of the deceased (see sample below).for
Resealing of the Grant of Probate :- the original Grant of Probate
andastatement of the assets and liabilities of the deceased.
Call Robson Hayes Legal on (08)9322-2256Email at:
[email protected] more details visit us at
www.probatewa.lawey
