Deceased estate and probate law

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Deceased Estates Blog

Western Australian Law as at date of publication

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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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Nationally Accredited Mediator

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Our Ms Elliott became a Nationally Accredited Mediator on 11 February 2013. If you seek her services call us on 92277441.


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What happens when an executor/administrator dies?

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An executor whom has taken probate of his/her testator’s will becomes executor not only of that will but of all wills in relation to which the testator was the sole or surviving executor (In the Will of Pirie (1884) 10 VLR (IP&M) 43, Re Gardner [1948] QWN41).

When a co-executor or co-administrator dies the incidents of that office including the responsibility to administer the estate devolve upon the surviving co-executor/s/administrator/s (Joliffe v Fera and others (1973) NSWLR 702).

When a sole administrator dies a new administrator should be appointed by the court by way of a grant of administration de bonis non (Maddock v Registrar of Titles (1915) 19 CLR 681).

Valid 24/10/12


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