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.
A Deep Dive podcast breaking down the content of Western Australia's Non-Contentious Probate Rules (1967) and an introduction to its key concepts.
A Deep Dive podcast into addressing the legislative hurdles a non-resident executor faces when applying for a grant of probate in Western Australia.
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,
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.
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
I've always thought lawyers were honest and acted with integrity. I was wrong.
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.
Sureties and guarantees may be required if an applicant for administration is resident outside of Western Australia.
Executors should be aware of their responsibilities and the potential for legal challenges if they fail to fulfil their fiduciary duties.
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?
executor
What happens when the due and proper administration of the estate has been put in jeopardy by the Executor?
Public Trustee
Trust fees are not clearly communicated, fees are not proportionate to actual work involved and failure to meet its administration timelines.
This is radio interview and article self-promoting the firm's will and estate planning services is typical of the advice peddled by legal advisors and professionals. Any search online for the terms "non-resident" and "executor" will yield a multitude of advice warning against appointing someone
Legislation
The legislation provides the Court with discretionary powers for a non-resident executor to replaced (S.34), passed over or disregarded (S.36, S.37), or removed (S.38).
Introduction
A first-hand account of being a non-resident executor to the estate of my recently deceased mother back in Perth. What should have been a straight-forward and simple process has been unnecessarily complicated by surviving family and the outdated and prejudice laws of the Western Australia.