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When someone you care about dies, handling their money and legal affairs can be hard. This is where experts like wills and deceased estate lawyers in Perth can help families manage the legal issues that come up after a death. They help with things like proving a will and sharing the estate. Estate lawyers in Perth use different important documents for these tasks. Knowing what documents are needed can make the process easier and help avoid legal problems or delays.
In this website blog, we will explain the paperwork that Wills and estate lawyers in Perth typically need to settle the affairs of a deceased individual.
The original, signed will of your loved one is the most crucial document that any Deceased Estate Lawyer in Perth requires. It dictates the desires of the deceased as to how they want their assets shared and executors appointed. If it does not exist, the estate might be dealt with as “intestate,” where the law determines what happens to the assets, which can take a lot of time and go against the desires of the deceased.
To hold a Grant of Probate in Western Australia, the Supreme Court of WA will require the original will to be presented in court. It should be noted that the document should be left untouched and even without any stamp, as this would render it invalid.
The death certificate is another essential document. It is official confirmation of death and is needed for many administrative processes, such as:
Estate lawyers in Perth usually request both an authentic copy and the original death certificate, which are available from the WA Registry of Births, Deaths and Marriages.
Proper documentation of all the assets of the deceased is important. This can include:
These papers assist estate lawyers Perth in determining what has to be distributed and if there are any debts or obligations to be paid off first.
Estate lawyers also require complete disclosure of any debt or liabilities that the deceased incurred. This may include:
Outstanding debts have to be paid out of the estate prior to any distribution to beneficiaries. If not done so, it may render the executor personally liable.
For the assurance that the estate is being handled correctly, Wills and estate lawyers in Perth frequently ask for identification documents from the deceased and the executor or administrator appointed. Some of these may include:
These records help confirm identities for legal submissions and banks.
Interacting with the Australian Taxation Office (ATO) is a crucial aspect of settling an estate. Estate lawyers need to have:
Last tax returns can be required to be lodged, and clearance from the ATO is often advisable before the estate is completely distributed.
Superannuation and life insurance are usually not provided for in the will directly, as they are paid out to nominated beneficiaries directly. But where no nomination has been made, or a nomination is invalid, these funds can form part of the estate.
Deceased Estate Lawyer Perth experts will review the following:
This provides for the proper and legal transmission of these funds.
If the deceased had a business or family trust, those arrangements could prove complex to administer as part of their estate. Lawyers will need:
These arrangements assist in determining the deceased’s entitlements and liabilities through these schemes.
It is hard to organise papers after the death of the person you loved, but some documents will help ease the process. The wills and estate lawyers Perth will be skilled and can guide you on what needs to be done according to the law as well as the deceased’s will.
The significance of original documents is to have them easily accessible and organised in a way that your family members will know how to handle them in the event they need them.