Bias against non-residents - Probate in WA

Public Trustee

Podcast: Legislative hurdles

A Deep Dive podcast into addressing the legislative hurdles a non-resident executor faces when applying for a grant of probate in Western Australia.

an angry woman in a court room full of animals

Caveat

Part II - A review of their initial proposal

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.

an evil lawyer stealing all of the estate's money

Bias against non-residents

Part I - Now I know why people despise probate lawyers

I've always thought lawyers were honest and acted with integrity. I was wrong.

Bail bonds and fine concept. Money and gavel as symbol of law.

Probate and Administration in Western Australia

Requirements for sureties and guarantees

Sureties and guarantees may be required if an applicant for administration is resident outside of Western Australia.

Legislation

Administration Act (WA) 1903 - Part I

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).