Wills

Explaining Testamentary Capacity

A person may be capable of shopping for themselves but not for more complicated financial arrangements. Similarly, they may not have capacity to manage their financial affairs but may have capacity to make a will.

Probate

Letters of Administration explained

A Grant of Letters of Administration is a Court document appointing a person to administer a Deceased’s estate where there is no valid Will or there was a Will which does not appoint any executors. Banks, Landgate, share registries and other businesses may refuse to deal with you until the Court has made the Grant of Letters of Administration.

Probate

Explaining Probate and the need for it

A Grant of Letters of Administration is a Court document appointing a person to administer a Deceased’s estate where there is no valid Will or there was a Will which does not appoint any executors.

Wills

Informal Wills: What happens when an informal will is found digitally

An informal will is a document that doesn’t satisfy the legal requirements for a valid will pursuant to the Wills Act 1970 (WA). The legal requirements for the execution of a valid will are found in section 8 of the Act. For example, an informal will may be a document purporting to be a will that does not meet the formal witnessing requirements.

Challenges, Wills

Family Provision Claims – Challenging your parents Will.

You must make an application within 6 months of the Administrator/Executor being appointed, otherwise you will need to satisfy the Court that the justice of the case justifies commencing out of time. Every effort should be made to apply before the 6 months ends to avoid the risk of your application not being heard.

Probate

What are your duties as an Executor?

When creating a will, you will need to include the person, or people, you would like to manage your estate when you pass away. You should name primary and secondary executors, jointly or individually.

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