Robertson Hayles Lawyers are highly experiences probate lawyers based in Perth who understand that dealing with probate following the death of a loved one can be an emotionally draining and complex process.
Dealing with probate following the death of a loved one can be an emotionally draining and complex process.
Matters for Consideration for Deceased Estates
You have to deal with the Will of the deceased or the lack of one, navigate and liaise with various entities such as banks, superannuation funds and share registries, make payments to the creditors of the deceased and distribute the assets to the beneficiaries as quickly as possible. You may have to consider whether it is likely that a claim could be made against the assets of the deceased estate. Finally, you may also have to lodge tax returns on behalf of the estate.
We understand the emotions and difficulties that accompany the administration of a deceased estate. With over 50 years of experience as Perth Probate Lawyers, Robertson Hayles Lawyers has the expertise to assist you to in all aspects of a deceased estate. More importantly, we know that it is equally important to manage all probate applications and the administration of deceased estates with the utmost sensitivity to the feelings and needs of family members.
Types of Grant Issued by the Court
Shortly after the death of the deceased, an application must be made to the Supreme Court of Western Australia for a grant of probate or administration. This is a legal document issued by the Supreme Court that authorises the person or persons named as executor or administrator in the grant to deal with the assets and liabilities of the deceased and to distribute the estate to the beneficiaries. With this grant, the executor or administrator is able to transfer and sell the properties of the deceased estate, collect rental from tenants, transfer or sell shares, manage money held in the deceased’s bank accounts and pay off the debts of the deceased estate.
Depending on the circumstances of your case, we are able to assist you to apply and obtain one of the following grants from the Supreme Court of Western Australia:-
- Grant of Probate
The grant of probate is issued by the Court when the deceased leaves a valid Will at the time of death that nominates a person or persons as executor or executors of the Will.
- Grant of Letters of Administration with the Will Annexed
This is a grant issued to a person who is not named in the Will as an executor. The court will issue this grant when the deceased leaves a valid Will but the Will does not name an executor or where the executor named cannot and or does not wish to apply for probate. In such cases, the court will usually issue the grant to a suitable beneficiary of the Last Will and Testament of the deceased. A suitable beneficiary issued with the grant is one who will act in the interest of the other beneficiaries and creditors of the deceased estate.
- Grant of Letters of Administration
When the deceased did not leave a valid Will at the time of death, the Court may grant Letters of Administration to a suitable beneficiary of the deceased estate, thereby enabling the beneficiary to administer the deceased estate.
Probate Legal Services
With many years of experience as Probate Lawyers, Robertson Hayles Lawyers has the expertise in all areas of probate law to assist you in both simple and complex cases including the following situations:-
- where the Will is defective or missing;
- where the terms of the Will appear uncertain
- where there are concerns about the deceased’s mental capacity when the Will was made;
- where the executors named in the Will are unable or unwilling to apply for probate;
- where the executors or administrators are in dispute;
- where the beneficiaries are in dispute over who should be granted letters of administration
- where the deceased resided overseas or died overseas with assets in Australia.
We can help you to apply for a probate or letters of administration and thereafter assist you to administer the deceased estate.
At each step of the process, we aim to provide you with clear information about the legal process and practical advice on the options available. This will assist you to take the best course of action to obtain a grant of probate or letters of administration and thereafter to properly distribute and wind up the estate in a cost effective manner.
We provide legal services in the following areas:
- Advising in relation to your entitlement to a share of the estate of the deceased
- Making an application to the Court for probate where the deceased had left a Will or letters of administration when there is no Will
- Winding up of the deceased estate and distribution of its assets to the beneficiaries
For advice on deceased estates and legal assistance in obtaining a grant of probate or letters of administration, call Robertson Hayles Lawyers, your Perth Probate Lawyers at (08) 9325 1700 or contact us by email today to arrange an appointment with one of our experienced Probate Lawyers.