Deceased estate and probate law

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Is it necessary for a will to be signed to be valid?

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It is possible to prove an unsigned will and obtain a grant of probate with respect to it from the Supreme Court of WA in limited circumstances. Read More


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Advice given by court to legal personal representatives

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The Trustees Act (section 92(1)), the Administration Act (section 45), the Supreme Court Act (section 16(1)(d)(i)) and the Rules of the Supreme Court of Western Australia (Order 58) to differing extents all provide legislative bases for an executor or administrator of a deceased estate to seek the court’s advice regarding an estate matter. Read More


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Requirements of testamentary capacity – a working definition

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It is common in Western Australia when dealing with the issue of testamentary capacity for the Supreme Court of WA to refer to the following requirements set out in the decision Banks v Goodfellow (1870) LR5 QB 549, 565: Read More


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