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Probate law in Perth, Australia deals with the legal process that takes place after a person passes away. It includes the validation of the deceased's will, the appointment of the executor, the distribution of the estate and resolving any disputes or claims against the estate. The Supreme Court of Western Australia has jurisdiction over probate cases in Perth.
Engagement of a lawyer becomes imperative when someone dies leaving behind properties, debts, or dealing with a contested will. Circumstances like absence of a will (intestate), complications in the estate, or inheritance disputes among beneficiaries also necessitate a lawyer’s involvement. Experienced probate lawyers can provide valuable guidance through complex court procedures, compliance with deadlines, potential tax implications, and dispute resolution.
Local laws regarding probate in Perth stem from the Administration Act 1903 (WA) and Wills Act 1970 (WA). If the deceased has left a will, the executor named in the will usually applies to the Supreme Court for a Grant of Probate. If there is no valid will, the process of Grant of Letters of Administration comes into play. Locally, small estates with a gross value up to $50,000 may be administered informally, without a Grant. All wills and related documents need to be filed at the Probate Office of the Supreme Court of Western Australia.
1. How long does it take to get Probate in Perth? The time taken may vary widely, depending upon the complexity of the estate. Generally, it can range from a few weeks to several months.
2. What happens if no will is left behind? When a person dies without a valid will, it's known as dying 'intestate'. In such cases, the Administration Act 1903 outlines how the estate is to be divided.
3. Can Probate be avoided? Probate may be avoided in Perth if an estate is worth less than $50,000, or if all the assets were held jointly.
4. Is Inheritance tax applicable in Perth? Australia doesn’t impose inheritance tax. However, there can be Capital Gains Tax implications during the distribution of assets.
5. Can a will be contested in Perth? Yes, eligible persons including spouse, children or dependents can contest a will within six months from the Probate grant.
Useful resources for more understanding and information include The Supreme Court of Western Australia, The Public Trustee WA and Legal Aid WA. These bodies provide useful guidelines on the Probate process, administering estates, and links to applicable forms.
If you require legal assistance with probate, search for a probate lawyer and arrange a consultation. Lawyers can provide advice tailored to your specific needs, help in filling forms and guide you through court proceedings. If you cannot afford a lawyer, consider seeking assistance from community legal centres or the Legal Aid WA.
