Barristers Solicitors Mediators

Located in O'Connor, Perth

Phone

+618 9331 5722

  • McIntosh v McIntosh [2014] QSC 99 What is the position where the deceased’s legal personal representative (eg, executor) seeks to have the deceased’s superannuation paid to them personally as a dependent of the deceased, rather than to the deceased estate?  A recent Supreme Court decision may shed some light. The Facts The deceased died a single man at the age of 40.  He suffered from bi-polar disorder and lived with his mother, who cared for him.  The deceased’s parents had separated when he was about 6 and the deceased had lived with his mother for most of his life. The deceased did not leave a Will. His mother was appointed Administrator […]

  • Carolyn Margaret Hickin v Robyn Patricia Carroll & Ors Recently the NSW Supreme Court confirmed as valid a clause in a Will which required his children to convert to Catholicism if they wished to inherit. Brief Facts The deceased man and his wife separated in 1959.  Subsequently, the wife and their four children became Jehovah’s Witnesses.  The deceased strongly objected to this. In December 2011 the deceased made a Will which gave part of his estate to his children, but only if they attended his funeral and were baptised in the Catholic Church within 3 months of his death. The adult children all attended the testator’s funeral but did not […]

  • A caveat is not only relevant to WA land titles; they also have a role to play in the administration of deceased estates in Western Australia. What is a Caveat on Probate? A caveat on probate (also called a probate caveat or a caveat against an estate) is a document that is lodged at the Probate Registry of the WA Supreme Court to prevent someone from obtaining authority to administer the estate of a deceased person. For example, if someone believes that the deceased did not have testamentary capacity at the time that they signed their last Will, they may lodge a probate caveat to prevent the executor obtaining a […]

  • Why a Will? Estate planning isn’t the nicest of subjects.  So many people put it off, that the WA Public Trustee estimates that over 50% of us haven’t made a valid Will. Dying without a Will can create chaos for your loved ones.  In addition to grief, they have to deal with complex paperwork relating to intestacy, uncertainties regarding inheritance laws and the difference of what the law says and what the deceased would have wanted to happen. It is common for intestate estates to cause conflict, which can lead to years of legal dispute and money wasted on lawyers’ fees. Even worse, if you die without a Will and […]

  • An executor is the person appointed by someone’s Will to administer their estate after they pass away. An executor can be required to manage almost anything in relation to an estate, but their most common obligations include: applying to the court for a grant of probate; collecting all of the assets owned by the deceased; paying any debts owed by the deceased; arranging for final tax returns to be lodged; distributing the estate to the beneficiaries named in the Will; representing the estate in any legal proceedings which the estate may need to defend or commence; and acting as trustee to manage the inheritance of any beneficiaries who are under […]

  • If you own assets outside of WA or Australia, you may need to do some extra estate planning.

  • Gun ownership has particular implications for estate planning and the administration of an estate.

  • Before you make your Will, read this!

  • Did you know that your Will can provide for the care and protection of your loved pets?

  • Wills can be revoked, either by an intentional act or by operation of law. Did you just accidentally revoke your Will?

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