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Albany Courthouse 1895-96, Western Australia

The Albany Courthouse is an operating Magistrates Court for civil and criminal matters in Albany, Western Australia. On the shores of the beautiful King George Sound, the first European settlement in 1826 was really a penal colony under the jurisdiction of the New South Wales Colony, and the first ‘courthouse’ as such a simple thatched roof affair. More history can be read on the WA Government’s Department of Justice page.

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Renouncing or resigning probate: when an executor resigns

renouncing probate, right of probate, right to renounce, renouncing executorship, executor, Renouncing probate of a deceased estate is when a named executor in the will does not wish to take on the role. It is not compulsory. To resign you complete a form provided by the Probate Court in your state or registry, links in this article. These are free to download. Complete the form, sign in front of a witness where required, date it and lodge at the Probate Court Registry. There may be a small fee to lodge the form, contact the Probate Registry. If you want to resign do it as soon as practical.

There is no requirement that an executor must accept the executorship role, even if it was agreed to do so. But relinquishing executorship should be done as soon as practical if you don’t wish to act and have not dealt with the estate, (intermeddle). You can resign your appointment as executor by renouncing your right to probate of the deceased’s will, that is you renounce probate.

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Check property ownership

Property ownership, will making, company shares, units, trust,

Disposing property by will, in the will-making process requires considerations to be given to what you own in your individual name, as opposed to what you might control, see further below. As only property owned in a personal or individual name can form a deceased estate, it is only this which can be transferred by will, (or the rules of intestacy).

Among the first considerations in making a will is considering what we own. Only property owned personally can form a deceased estate and be disposed of by will, but it is easy to overlook that property thought of as ‘ours’, is legally in another name. It pays to check who owns what, that which is not in your own name, is not yours to give by will.

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