06

Mar 2018

Probate Caveats

A Grant of Probate represents confirmation from the Supreme Court that a Will of a deceased person is the last valid Will of that person.  A Probate caveat may prevent a Grant being issued.  A recent decision in the Supreme Court of Western Australia (Richardson v Devine ¹ (Richardson case)) has provided valuable guidance as to the procedures to follow in WA in respect of Probate caveats. A Probate caveat is a written

When is a de facto relationship considered to be at an end? A recent decision in the Supreme Court of Western Australia decided this issue in Chan v Waldemar Mazurkiewicz (in his capacity as Administrator of the Estate of Witold Mazurkiewicz) WASC 432 (Chan case). The de facto wife commenced a claim in the Supreme Court for greater provision from the estate of her late de facto husband under

Will the breakdown of your de facto relationship affect your estate planning? If you consider yourself to be in a de facto relationship, what implications does this have for your estate planning? Many people have a misconception that de facto spouses do not have rights similar to those of a married spouse. However, in Western Australia, de facto spouses do have, if not precisely the same rights, then similar rights