Deceased estate and probate law

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Land Tax and Deceased Estates

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Land tax is payable for all land in the State unless exempted (section 5 Land Tax Assessment Act “LTAA”).

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What is a grant of probate or letters of administration in WA?

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A grant of probate or letters of administration issued by the Supreme Court of Western Australia is a document that provides proof that a legal personal representative has authority in relation to an estate and where a will is annexed to it, proof of the terms of the will.

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Can I reseal my grant or do I need to obtain a new grant in Western Australia?

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The Supreme Court of WA may reseal a grant of probate or letters of administration obtained from a court of competent jurisdiction outside Western Australia if that court is within “Her Majesty’s dominions” (section 61 Administration Act 1903).  Resealing removes the need to prove again the matters that were proved in obtaining the grant in the original jurisdiction (Public Trustee v Smith (1942) 42 WN (NSW) 30 at 31 per Harvey J) and therefore that process can be simpler, quicker and cheaper. Read More


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