Do you know what property can be disposed under a valid will? Probate WA Lawyer shares some information about property that can be disposed under a valid will. View this presentation to know more. Source: http://probatewa.lawyer/what-property-can-be-disposed-of-under-a-valid-will/

2. The property of the
deceased estate
In WA, a deceased estate includes all the property of a
deceased person under the Wills Act 1970 and may include
(for example):
• land solely owned or owned tenants in common with another
person;
• an interest in land (eg. a lease);
• personal property (eg. bank account, car, shares, life
insurance, patent or money).

3. The property of a deceased person also includes property
which the deceased person was entitled to at the time of their
death (eg. a right to damages arising from a judgment of a
Court).

4. The property of a deceased estate which is administered
following a grant of Probate or Letters of Administration
specifically excludes:
• Property owned by the deceased person as a joint tenant. The
most common form of joint tenancy is land held by spouses
as joint tenants. All property held as joint tenants becomes
the property of the surviving joint tenant(s);
• Property held by the deceased person as trustee.

5. Superannuation death benefits
A deceased person’s superannuation death benefits will only
form a part of their deceased estate if:
• The deceased person has signed a valid binding death benefit
nomination which directs the trustee of the superannuation fund
to pay the death benefit to the Executor / Executrix;
• If there is not a valid binding death benefit nomination, the
trustee of the superannuation fund exercises their discretion to
pay the death benefits directly to one or more of the deceased
person’s dependants.

6. Property outside of Western
Australia
The Supreme Court of Western Australia cannot make a grant of
Probate unless the deceased person left some property in WA.
If the deceased person has any property outside of WA but in
Australia, you may be required to apply to reseal the original
grant of Probate or Letters of Administration in each State or
Territory of Australia where property is located. Whether
resealing is required will depend upon the nature of the
property. There may also be procedural requirements such as
publishing a notice of an application to reseal a grant of Probate.

7. If the deceased person has any property outside of Australia,
the process will depend upon the country where the property
is located. Generally, Commonwealth countries and former
colonies of England permit the resealing of the grant of
Probate or Letters of Administration made in WA.

8. Role of the Executor /
Executrix
• The deceased person’s will may not specify all of their
property, or their property may have changed since the
execution of their will.
• It is important the Executor / Executrix of a deceased
estate identifies all of the property of the deceased so as to
ensure that they protect the assets of the estate and apply
for a grant of Probate or Letters of Administration so that
all the deceased person’s property can be disposed of
under the will or under the laws of intestacy.

9. Need assistance with a grant of
Probate or Letters of
Administration?
The team of experts at Robson Hayes Legal can prepare
the Court documents necessary for a grant of Probate or
Letters of Administration. Call Probate WA Lawyer
on (08) 9322 2256 or email us
at contactus@probatewa.lawyer to discuss your probate
and deceased estate issues.