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Informal Wills - Legal test for granting probate

The case of Re Estate of Kent (Dec); Ex parte Bonker [2017] WASC 239 delivered on 18 August 2017 considered section 32 of the Wills Act 1970.



Click here to see our publication for a case analysis.


What is the role of the executor of a deceased estate?

An Executor's role includes the following matters:

1. Making an application for a grant of probate;

2. locating and collecting all of the deceased's assets of the deceased estate;

3. applying for a reseal of a grant of probate outside of WA for assets no in WA (where required);

4. determining the net assets of the deceased estate;

5. paying the debts of the deceased estate including any loans, funeral expenses, income tax and any fees for administering the deceased estate

6. lodging a final tax return for the deceased estate;

7. contact the trustee of each superannuation fund for the release of any death benefits and superannuation amounts;

8. after the payment of all debts, distributing the remainder of the assets of the deceased estate to the beneficiaries of the estate;


What are the Court's rules for probate and letters of administration applications?

If you wish to apply for a grant of probate or letters of administration, you will need to comply with the requirements of the Non-contentious Probate Rules 1967.


Where is the WA Supreme Court Probate Registry?

The WA Supreme Court Probate Registry is now located on Level 11, David Malcolm Justice Centre 28 Barrack Street, Perth. The registry is open from 9am to 4pm.

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