At Bowen Buchbinder Vilensky (BBV) we have a team of experienced Probate Lawyers in Perth to assist you with all your Probate related queries. The death of a loved is never easy however BBV can ease the burden by helping you determine what your next steps should be and assist you with them.
So what is Probate?
A deceased person’s assets and liabilities are together referred to as their estate, for example the Estate of the late John Smith.
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A Grant of Probate in Western Australia is an order by the Supreme Court of Western Australia giving an executor the authority to collect and deal with an Estate in accordance with the Will of the deceased person.
A Grant of Probate in Western Australia looks similar to a certificate and bears the seal of the Supreme Court of Western Australia.
Most organisations, government bodies, and financial institutions will require a Grant of Probate before they release any information or funds to an executor.
A Grant of Probate can only be obtained in Western Australia if the deceased person leaves a Will nominating the person applying for Probate as the executor of their Will.
If the deceased person leaves a Will but the person applying for a grant is not the same as the person nominated as the executor in the Will, they should instead make an application to the Supreme Court of Western Australia for a Grant of Letters of Administration with the Will Annexed. The person applying will have to explain in their application why the nominated executor is not applying for the grant and why they are an appropriate person for the grant instead.
If the deceased person does not leave a Will an application must be made to the Supreme Court of Western Australia for a Grant of Letters of Administration. The person applying will have to explain why they are the appropriate person for the grant.
For more information in relation to the Letter of Administration please click here.
Leslie Buchbinder
DIRECTOR
A Grant of Probate can be granted in solemn form or in common form.
As the name suggests common form is the most common and is when there is no dispute in relation to the Will. In common form the Grant of Probate can be made on the complete application without the need of court hearings or further evidence.
Solemn form is when there is a dispute in relation to the Will and consented Court proceedings are required.
As Probate Lawyers Bowen Buchbinder Vilensky (BBV) have a team of experienced lawyers in Perth that deal with both common form and solemn form of grants of Probate.
We also can offer assistance in complex and varied cases such as where:
- There is a technical issue as to the validity of the Will, for example it is not correctly witnessed;
- There are concerns as to whether the Will accurately reflects the final intentions of the will maker, for example where the will maker struggled with English and there is no translation clause in the Will;
- there are concerns as to whether the will maker had capacity and fully understood that they were making the Will and its effect;
- there are multiple executors nominated in the Will, for example one of the nominated executors is unable or unwilling to apply or have a dispute about the application;
- the deceased person did not reside in Western Australia but have assets here; and
- many other specific complex situations.
David is also highly approachable which is important when dealing with lawyers. There are some lawyers who are so far up themselves that you hesitate to call them, but even though David is a brilliant lawyer, he is also very down to earth.
Les is a wonderful lawyer. He has an amazing grasp of the English language and is always polite and grounding to speak to. With Les there are never problems to which there aren't solutions. And he's always up for the challenge. More than this, and it may seem weird to say this, whenever I meet Les he makes me want to be a good man. He's a real humanitarian and inspires the best in me. For that reason I always look forward to seeing him again.
Les was very professional and always kept my interest at the forefront of his mind. He is thorough and clear in his communications. He is also very supportive and I like how he runs meetings, providing all the options and helping sort out which ones are for me.
I can honestly say that in complex commercial litigation matters, David demonstrates an uncanny ability to think clearly, out of the box, and he adopts a pragmatic and very cost-effective approach. This is especially the case in relation to fixed fee pricing.