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If you're getting to grips with the legal process involved in distributing a relative's estate after their death, your specialist Probate lawyer in Perth, Joondalup or Rockingham will be able to explain the ins- and- outs of probate law - and whether this applies to your situation.
What does probate refer to?
Probate is commonly known as the process whereby a deceased person's estate ( net assets after the payment of various expenses of the estate) are distributed among their beneficiaries, whether or not the deceased left a will detailing their wishes. A specialist Probate lawyer in Perth, Joondalup or Rockingham will be able to explain the meaning and effect of the terms of a will, which beneficiary gets what and assist you in the process of dealing with any outstanding liabilities to creditors and claims against the estate.
The probate process ensures that the estate is distributed according to instructions of the willmaker or, in the absence of a will, the laws of the State which direct the distribution of the deceased's assets amongst certain specified people.
Probate law in Australia
Probate law varies between countries and states and the anyone dealing with a deceased estate should seek specialist probate law advice in order to ensure that difficulties do not arise after distribution of the deceased's assets.
The executor appointed in a will can apply to the Supreme Court for a “grant of probate”, which gives them the authority to deal with the estate subject to the terms of the will. If an executor was not named in the will, a named beneficiary or other person may apply for a grant of probate .
Probate may not be required if there are legal systems in place that direct where parts of the deceased's estate are to go after death, such as property or bank accounts held as a joint tenant, both of which will go to the survivor of the joint holder automatically.
Probate law firms in Perth
Friedman Lurie Singh & D’Angelo, Your Smart Lawyers is a fiercely independent law firm in Western Australia with locations in Perth, Rockingham & Joondalup. They specialise in probate law, personal injury claims & lots more. Contact them on 08 6555 3190 for more information about probate law or to arrange a consultation for legal advice.
The information contained on this website and websites linked to this website (Information) does not constitute or comprise legal advice. You should seek legal advice from a solicitor before acting or relying on the Information.
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