PROBATE LAWYERS PERTH
What is Probate?
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.
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.
WILLS & ESTATES LEAD
Probate Legal Services
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.