Wills & estates Perth is a unique area of law. This is because while many other areas in Australia consider wills and estates to be separate legal entities, in Perth, the lawyers who deal with these special properties are considered to be one of the same profession with the same branches of the law. There are many reasons why this is the case, but the most common reason is how property works in this area of law. With will estates, there is a clear intent to leave a will in place. With the probate system in Perth, this intent and ability to ensure that a will is set in place cannot be disputed by anyone.
As mentioned before, wills and estates can be considered separate legal entities. While this is true, there are several ways probate and an estate can occur simultaneously. The Probate Court process may only be necessary if someone has not regularly paid their debts or have some legal action taken against them. Suppose no debts exist and a person has been able to make payments on their properties. In that case, they generally do not need to worry about a probate court proceeding.
Both of these transactions are considered one transaction if they are being finalized against more than one person. For example, suppose two parents are getting a divorce. In that case, one parent may decide to sell the other’s property and transfer it to new joint ownership. This will happen after the final decree has been issued. While this property can be sold without any court action taking place, it will still exist. Because of this, the person being transferred must use a wills & estates Perth agent to make the sale.
But what happens if a person doesn’t have any debts? Often, when people aren’t financially attached to anyone, and everything is going smoothly, a wills & estates Perth agent can be used. However, in some cases, where there are no beneficiaries or where the decedent may not be a resident of the state in which they die, the will and estate must still be completed. The inheriting person (the person who is being assigned the duties of choice) can perform their duties regarding making the will and then executing it for them. The same holds for individuals who are alive but do not own any property and do not owe anyone any debts.
Once a will and estate have been completed in Perth, the individual whose name will be required to appear in a probate court. This will likely be the probate proceedings’ county seat, though other counties may also be involved. At this point, it will become necessary for the probate court to determine what type of hearing and recording will take place. The person executing the will often request a witness list, so it will likely be necessary for the person executing the will to show up as well. At this point, both an estate agent and a probate attorney will be needed. If no one is named on the document, it will then be an uncontested probate matter.