Deceased estate and probate law

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Deceased Estates Blog

Western Australian Law as at date of publication

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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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