Caveat
12 months and still waiting, in this edition of our podcast we take a Deep Dive into the events that have transpired over the past 12 months since our mother's passing and the discuss the challenges and the legal battle that has unfolded.
Public Trustee
A Deep Dive podcast into addressing the legislative hurdles a non-resident executor faces when applying for a grant of probate in Western Australia.
lawyers
When not to trust your opponent's solicitors' assertions.
To assess whether Dawson Davies has acted with integrity and met the expected standards in their role, we need to consider their correspondence and actions in light of professional ethical standards and legal requirements. Duty of Candor and Honesty: Legal professionals must not engage in conduct involving dishonesty, fraud, deceit,
Caveat
The caveat was still in force at the time, so any objection needs to be based on whether there were substantive grounds for the caveat. If the caveat was lodged without proper grounds, you can contest it.
Caveat
Filing a caveat without legitimate grounds can be considered an abuse of process and not a recommended strategy to compel an executor to give in to your demands
Bias against non-residents
I've always thought lawyers were honest and acted with integrity. I was wrong.
Caveat
Selected cases to draw upon when applying to the Court for the removal of a caveat. Is the basis of the caveat even valid? Have the correct Court procedures been followed? Learn from previous cases.
Probate and Administration in Western Australia
Sureties and guarantees may be required if an applicant for administration is resident outside of Western Australia.
Caveat
Executors should be aware of their responsibilities and the potential for legal challenges if they fail to fulfil their fiduciary duties.
Caveat
What happens when someone lodges a caveat against the estate or your application for probate?
Legislation
I recently fell foul of the Rules of the Supreme Court 1971 whilst attempting to respond to a Requisition from the Registrar. Which rules actually apply to Probate?