Secondly, you don't need to go through the process of probate alone.
We can advise and help you to make sure probate is granted as quickly and easily as possible.
Click here to contact us for more information about obtaining probate in Perth.
What is probate?
Grant of Probate confirms the Executor's authority to deal with the affairs of a deceased person. It also protects you from personal liability if you unwittingly deal with an invalid Will.
Until you’ve got that Grant of Probate, you can’t do anything with the Will.
How do you get probate?
To get the Grant of Probate, the Supreme Court has to be satisfied that the Will is legally valid. The Will is scrutinised by the court to make sure it complies with all the legal requirements.
Is probate always needed?
A couple (married or de facto) can avoid probate on the death of the first partner if care is taken in preparing the Will.
Sometimes, banks and other institutions won’t deal with an executor or administrator without a Grant of Probate. However, you will probably need a Grant of Probate if the estate includes;
- any real estate, except property owned by the deceased as a joint tenant
- money in any bank account (not jointly held) in excess of about $20,000 (less with certain institutions)
- certain life insurance and superannuation policies.
You don't always need a Grant of Probate - but it is a good idea to get one if;
- you have doubts about the validity of the Will or the deceased's mental capacity when the Will was signed
- there is any possibility of a dispute arising
- any person entitled to distribution of the estate is a minor.
Click here to contact us with any questions you may have about obtaining probate in Perth.
|