What does executor mean in Australia? Do I need a probate of the will in Western Australia? How long does it take to get executor of will in Australia? Can I get probate in Australia? This is an application made by the executor to the Supreme Court of Western Australia.
As executor or administrator, you are accountable by law to both the beneficiaries of the estate and to the Supreme Court of Western Australia.
It is important that you carry out your duties correctly to avoid any personal liability. If you are unsure about how to carry out your duties as executor you should seek legal advice. In Western Australia, the executor (that is the person responsible for administering the deceased’s estate ) is under no obligation to provide any person with a copy of the deceased’s will.
It is only after a grant of probate has been made by the court that you can obtain a copy of the will. Where does the executor make an application for probate? You apply to the Probate office of the Supreme Court of Western Australia , located on the 11th Floor of Barrack Street , Perth.
I live in a regional area of Western Australia. How do I lodge a probate application?
Australian Financial Security Authority website under the heading Part XI. Does an executor have to act? A person named as executor does not have to accept the responsibility. If a person refuses to probate documents. A act as executor , any substitute executor named in the will can take on all the duties.
In the Western Australian case of Atkins v Godfrey , Peter Godfrey as executor of the estate of Robert Charles Godfrey applied for remuneration. Mr Godfrey submitted that he should be paid $75for his services. Instant Downloa Mail Paper Copy or Hard Copy Delivery, Start and Order Now!
Apply for Probate in Western Australia Probate is the process that you need to go through when someone has died and left a will that names you as their executor. It involves making an application that proves that the will maker is decease their will is vali and the person who is making the application is the executor. To receive a grant of Probate in WA, there must be a Will made by a person (called a ‘testator’) that nominates another person to administer the Will (called an ‘executor’), which specifies which people are to benefit under the Will (called ‘beneficiaries’).
I am often asked by new enquirers whether the Executor of an estate has a duty to hold a “reading of the Will” where the deceased’s family and friends are gathered together and the deceased’s Will is then read aloud. You as the Executor or Administrator can transfer the real estate to Beneficiaries only if the real estate was transferred to the deceased estate and the title currently shows your name as outlined in Step 30. Being an executor can be a very onerous and difficult task indeed. The vast majority of executors are lay family members, not professionals such as accountants, lawyers or trustee organisations.
Because a degree of the human element is involve problems of course arise when executors do not do what they are supposed to do. It can be an intimidating role, with many details to manage. If you’re named the executor (also called a personal representative), take a look at this checklist for executing a will: 1.
If their application is approve the executor is given a Grant of Probate to confirm that the author of the Will has died and the Will is authentic. The executor named in the Will must apply to the Probate Office of the Supreme Court. To manage the deceased’s estate, the executor must obtain a Grant of Probate of the Will from the Supreme Court of Western Australia.
An executor can be an individual or a trustee company like the Public Trustee. The grant is the Executors authority to deal with the estate. Probate can be granted to one or more executors named in the Will. As noted above, the executor is the legal personal representative of the deceased person and is obliged to obtain a Grant of Probate before distributing the estate.
The Executor ’s Checklist Here is a checklist of the first tasks you will need to undertake as an Executor of a Will. If not, the Executor has the final say if there is any dispute within the family. Filing application for a grant of probate or administration.
Depositing a will of a deceased person. Obtain a copy of the death certificate. The first responsibility of an estate executor is to obtain copies of the death certificate.