Deceased estate and probate law

phone icon(08) 6263 4464
divider

Deceased Estates Blog

Western Australian Law as at date of publication

separator

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

/ 0 Comments

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). ┬áResealing 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


separator

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

/ 0 Comments

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


separator

Advice given by court to legal personal representatives

/ 0 Comments

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


separator


separator