What is Probate and Letters of Administration?

Signing Letters of Administration.

When someone passes away in most cases an application must be made to the Supreme Court (“Court”) so that the deceased’s property can be dealt with appropriately.   What is Probate? Probate is the process of applying to the Court to validate and prove a deceased person’s Will whereby you present to the Court the…

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Claiming Against a Deceased Estate

Claiming against a deceased's estate couple.

Under the Australian legal system, people are free to decide how they wish to distribute their assets upon their death. Such decisions should always be confirmed within a Will. Where a person has not made a Will during their lifetime then, upon their death, the distribution of their assets will be determined by the laws…

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How To Contest a Grant of Probate?

Contesting a grant of probate in the Supreme Court of WA.

I do not believe the Will is valid. How may I stop Probate? In probate proceedings, you may be able to file a caveat on probate, administration or resealing at the Supreme Court of Western Australia (the “Court”). Once a caveat on probate, administration or resealing is successfully filed, the caveat will prevent an intending…

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