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Conditions and Phrases of Will and

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
Where there is legal doubt about
the proper execution of a will, a
deed of due execution may be

A document that can be filed at the
application for a grant of probate or
Letters of administration.

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

Contesting an unfair
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

Deed of Family
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

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.

official statement of what a person
has decided should
be done

with their money and property after their death.

Property can own as joint tenant
In WA, grandchild or parent may
or tenants in common. It is
make an inheritance claim if they
generally the case that people own
wish to challenge the validity of
their family home as joint tenants
the deceaseds will or codicil.


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

Movable and
immovable property:

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 nextof-kin according to a formula in

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

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

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


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.