16 Jan 2020

A death in the family…without a Will

A distressed client contacted Philipoff Legal this week. Mrs Lovingwife had recently lost her partner of 30 years. She was concerned as her deceased husband had died intestate – that is, he had no Will. Mrs Lovingwife worried that she was unable to seek a grant of probate from the Supreme Court and would not be able to deal with her husband’s affairs or estate. She also worried that the government or Public Trustee would take the money from the estate.

Philipoff Legal was able to calm Mrs Lovingwife by providing a little more information on the situation and assuring her that the deceased’s estate was safe, protected and that she may in fact apply to the Supreme Court for the right to administer her deceased husband’s affairs.

While a person will not be granted probate if an individual dies without a will – they can still apply for Letters of Administration. This is an official grant from the Supreme Court that entitles the applicant to administer the estate of a deceased. Any person entitled to receive a share of the estate may apply for Letters of Administration and must show cause as to why they are best suited to deal with the deceased’s affairs.

In this scenario Mrs Lovingwife had 3 children with the deceased and Philipoff Legal attained the consent of all three of those children. The application was drafted, signed and lodged with the Supreme Court. We now await the formal grant from the Supreme Court of Western Australia. Our costs were $1,500 plus GST and disbursements and could be paid from the estate of the deceased.

Please feel free to contact us anytime for free 20 minute legal advice.

info@philipofflegal.com.au

Telephone:  08 6311 4838

 

Liability limited by a Scheme approved under Professional Standards Legislation
Legal Practitioner Director: Jolene Ashworth
Non Legal Professional Director: Vicki Philipoff
Philipoff Legal is an associated company of Vicki Philipoff Settlements
Philipoff Legal Pty Ltd (ACN 603 095 165) trading as Philipoff Legal (ABN 40 603 095 165)