Our lawyers have extensive experience in reviewing and drafting wills, applications for probate, powers of attorney, powers of guardianship, inheritance claims and letters of administration. We have particular experience in handling complex matters for private clients including complicated probate applications. We regularly assist executors in the administration and winding up of deceased estates.
We have acted for a number of charities in relation to bequests made to the charities and contested estates, including those based in Western Australia and nationally. We provide low cost or pro bono will preparation services for various charities including the Cancer Council and the Dogs Refuge Home (WA) Inc.
David Williams, Chris Osborn and Jonathan Haeusler have each received the designation Trust & Estate Practitioner (TEP) by the Society of Trust and Estate Practitioners (STEP).
Our expertise in this area includes:
Preparing simple and complex wills
Dealing with superannuation entitlements outside of wills
Applications for probate
Applications for letters of administration (deceased did not have a will)
Resealing (recognition) in Western Australia of probates and letters of administration from other countries and states outside Western Australia and applying for Western Australian probates to be resealed (recognised) in other jurisdictions
Obtaining declarations of death
Enduring Powers of Attorney
Enduring Powers of Guardianship
Inheritance / Family Provision Act claims
Estates with a cross border element
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Our relevant experience includes:
Numerous contested estates and Family Provision Act proceedings, including successfully acting for a defacto spouse in proceedings involving a West Australian estate worth significantly more than $1 billion
Preparing mutual wills for married and defacto couples
Successfully procuring probate in respect of a will that had not been signed where the executor was previously deceased
Obtaining declarations of death for deckhands of fishing vessel lost at sea when the bodies were not recovered to facilitate grants of probate and letters of administration
Assisted spouses of deceased mining executives who died in an airplane crash (insurance and claims against employer)
Advised on a complex will and estate plan for the family owners of a high value aquaculture business. This matter involved resolving complicated issues around assets held in trust and transfer duty liabilities
Advising in relation to the inheritance rights of a child born after their father died
Acting for the executors of an estate in negotiating continuation of funding to an agribusiness in which the estate had an interest, by a leading bank prior to interests of beneficiaries vesting and negotiating limitation of liability for the executors
Applications to the Supreme Court of Western Australia (for grants of probate) and the State Administrative Tribunal (for guardianship or administration)
Click here for information on our experience and expertise in Contested Wills and Estate litigation.
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Clarifying the ability of trustees to expand their powers: the decision in Re Application of Country Road Services Pty Ltd
In this article (published in the December 2019 edition of the Law Society Brief magazine) Jonathan ...
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