Conditions and Phrases of Will

and Probate
Administration of an Estate:
This concerns the settlement of a deceased estate, whether testate or intestate.
The assets of a deceased are determined and appraised, the deceaseds debts are
determined and paid, the amount of taxes calculated and paid, and the remaining
assets distributed to the persons or entities entitled to them either by the terms
of the deceaseds will or by the laws of intestacy under the Administration Act
1903. Depending upon the property in the estate and the deceaseds will, there
may be ongoing obligations.

Affidavit of Due Execution:

Caveat:

Where there is legal doubt about the

proper execution of a will, a deed of due
execution may be sworn.

A document that can be filed at the probate

office to prevent an application for a grant of
probate or Letters of administration.

Beneficiary:
A person or group who receive money,
advantages, etc. under a will.

Contesting an unfair will:

See inheritance claim.

Deceased estate:
When a person dies, their assets
and possessions are known as their
estate (eg. land, shares, money,
jewellery, cars). Technically, as long
as these possessions were kept by
the deceased, any property may
from a part of the deceased estate.

Deed of Family
Arrangement:
An enduring power of attorney is a legal
agreement that enables a person to
appoint one or more trusted persons to
make financial and/or property decisions
on their behalf.

Insolvent estate:
If the deceased had more debts than
assets which form a part of their estate it
is necessary to deal with the estate in a
different way from that which operates
where the deceased died financially
solvent.

Will: official statement of what a person has decided should be done with their money
and property after their death.

Joint Tenants:

Inheritance Claims:

Property can own as joint tenant or

tenants in common. It is generally the
case that people own their family home
as joint tenants

In WA, grandchild or parent may make an

inheritance claim if they wish to challenge
the validity of the deceaseds will or
codicil.

Probate:

In WA, to obtain a Grant of Probate, an application must be filed with the

Supreme Court of Western Australia in compliance with the Non-contentious Probate Rules
1967. Probate is the process of registering a deceased persons will in the Supreme Court so
the named executor under the will can deal with the deceased persons assets (e.g.
property, bank accounts and shares) and administer them according to the will (or otherwise
pursuant to a Deed of Family Arrangement).

Joint Tenants:

Joint Tenants:

Property can own as joint tenant or

tenants in common. It is generally the
case that people own their family home
as joint tenants

Property can own as joint tenant or

tenants in common. It is generally the
case that people own their family home
as joint tenants

Letters of Administration:
In WA, when a person dies without a
will or the will is invalid, an application is
made to the Supreme Court of Western
Australia for a Grant of Letters of
Administration by the next-of-kin. The
assets of the deceased estate go to the
next-of-kin according to a formula in
the Administration Act 1903.

Movable and immovable

property:
Immovable property includes land and
buildings, whilst all other property is usually
regarded as movable property. The
distinction
between
movable
and
immovable property under the law can be
complex.

Reseal of Probate: Where the deceased died leaving assets situated in another State or
Commonwealth country, a Grant of Probate or Letters of Administration may need to be
issued by a Court of that jurisdiction. If you have already obtained the Grant of Probate or
Letters of Administration in another State or Country, then you will need to apply for the Grant
of Probate to be resealed.

Tenants in common:

Testamentary Trust:

Property can owned as joint

tenants or tenants in common. If
property is owned as tenants in
common, when an owner dies that
persons interest is preserved and
passes to their deceased estate. If the
deceased has a will, the property will
be dealt with under the terms of the
will.

A testamentary trust is established by

a will. A testamentary trust provides
a greater amount of protection and
control over the distribution of assets
to the beneficiaries of the trust.
There are also tax benefits, especially
in relation to beneficiaries under the
age of 18.

Trustee:

Once a Grant of Probate or Letters of Administration is made, the person in

control of the deceased estate is known as the Trustee of the deceased estate. The Trustee
has legal duties under legislation and the common law.