Casey advises clients on contentious and non-contentious estate and trust matters and estate administration. Casey also has general commercial law and property and planning law experience.
Contentious and Non-Contentious Estate and Trust Matters
- Act on estate and trust disputes including adequate provision claims under the Family Provision Act 1972 (WA), applications for passing of accounts under the Administration Act 1903 (WA) and Non-Contentious Probate Rules 1967 (WA), lodge caveats on probate, provide advice on invalidity, undue influence and/or lack of capacity, assist clients with disputes with co-executors or non-performing executors and related issues including access to information and documents, intermingling and loss to the estate.
- Applications for probate and letters of administration (on an intestacy or with the Will annexed) in the Supreme Court of Western Australia (SCWA).
- Advice on construction and interpretation issues in relation to the terms of a Will or trust deed.
- Acted for the plenary administrator of a represented person to obtain approval of a compromise under Order 70 rule 10 of the Rules of the Supreme Court 1971 (WA).
- Acted for the beneficiary of a trust to obtain a declaration of trust in relation to real property and an order for the property to be vested in favour of our client under section 78 of the Trustees Act 1962 (WA). Prepared the vesting application under section 242 of the Transfer of Land Act 1893 (WA) (TLA) and requested dispensation of the requirement for the production of the original duplicate certificate of title under section 74 of the TLA.
- Act for legal personal representatives to administer an estate including advice to clients on their duties as legal personal representative, calling in assets and paying estate debts, preparing accounts of the estate, liaising with beneficiaries, and effecting the final distribution of the estate in accordance with the terms of the Will, the Administration Act, or the relevant deed of family arrangement.
- Apply for superannuation death benefits, either on behalf of an estate or a dependent, including on the basis of interdependency.
- Advise clients in relation to their succession/estate plan (Wills, letters of wishes, codicils, enduring powers of attorney, enduring powers of guardianship and ancillary documents).
- Advise clients in relation to superannuation death benefit nominations, trusts, jointly owned property, and other non-estate assets in the context of their succession plan.
- Liaise with accountants and financial planners to determine the family group structure and obtain relevant information and documentation in relation to the legal and beneficial ownership of family assets.
Property / Commercial
- Assist clients to deal with real property of an estate including transmission applications, vesting applications, applications by survivor, transfers to beneficiaries and applications for replacement duplicate certificates of title.
- Experience transferring real property to self-managed superannuation funds, drafting and reviewing commercial and retail leases, options, deeds of assignment and surrender, and advising on contracts for the sale of land/strata title by offer and acceptance.
- Involved in the transfer of a pastoral lease under part 7 of the Land Administration Act 1997 (WA).