talk»» what s inside?

Trustee talk»» what s inside? A Message from the Public Trustee» Welcome to the fourth edition of Trustee Talk, the Public Trustee s newsletter, containing useful information about Wills, deceased estate administration and services that help protect the elderly and people at risk in the community. This edition includes information to help you navigate the many tasks that must be completed when someone dies, as well as how to identify and prevent elder abuse. We also answer some common questions about making a Will, deceased estates and being a beneficiary or an executor of a Will. In recent years, the Public Trustee has changed by introducing new services such as the WA Will Bank and Executor Assist, and drafting Wills that nominate an executor other than the Public Trustee. Brian Roche, Public Trustee We no longer charge a commission fee on deceased estate administration, and fees charged for all services are now based on a fee-for-service model that factors in the complexity and time taken to complete tasks. For more information about our fees, or any of our services, please visit our website at www.publictrustee.wa.gov.au or call our Client Service Centre on 1300 746 116. Brian Roche Public Trustee Welcome from the Public Trustee 1 Protecting the elderly and people at risk of financial abuse 1 What to do when someone dies 4 No more commission fees at the Public Trustee 6 Intestate estates 6 Will drafting service 7 Where s your Will? WA Will Bank 8 Deceased Estate Administration 9 Executor Assist 9 Your questions answered 10 Seminars and Events 12 How we can help 12 Protecting the elderly and people at risk of financial abuse» The Public Trustee s largest area is the Trust Management service, which helps to protect the elderly and people at risk from financial abuse. It employs about 50 staff who manage around 4,900 trusts, with the number of trusts growing each year. Trust Managers may act as the trustee of a court-awarded trust, or Donee of an Enduring Power of Attorney, but in most cases they are appointed by the State Administrative Tribunal (SAT) to look after the financial affairs of those who are unable to look after their own. These clients include those who have lost their decisionmaking capacity due to dementia, intellectual disability, mental illness or an acquired brain injury. The Trust Manager looks after the client s finances on their behalf, protecting them from financial continued on page 2» PAGE 1

Protecting the elderly and people at risk of financial abuse» abuse or exploitation by others. Sadly, many clients have already been the victim of such abuse. The Public Trustee also provides a community service by rebating or waiving fees, ensuring those who are genuinely unable to pay can still access the services. Preventing elder abuse Research shows that while Western Australians consider elder abuse to be a serious issue, many aren t prepared for the time when older people can t make decisions to protect their own best interests. Brian Roche, the Public Trustee and member of the WA Alliance for the Prevention of Elder Abuse, says it is vital to increase awareness of the ways in which the elderly can be abused. There are many forms and combinations of elder abuse, including emotional, psychological, physical, sexual or social abuse and neglect. However, recent surveys have shown the most common form is financial abuse, he said. With an aging population, issues affecting older people are becoming increasingly concerning and have wider impacts for family members, policy makers and the broader community. Financial abuse includes stealing cash, income cheques, government benefits, property or household goods and fraud. It could also involve misusing credit cards or bank accounts, or forging a signature. Many cases go unreported due to family loyalty, dependence on the abuser, or fear of the consequences, «continued from page 1 which include depression, lack of access to health care, isolation and an inability to buy simple necessities. Mr Roche said a person could protect their financial security by appointing someone to make financial decisions for them when they can no longer make those decisions themselves. An Enduring Power of Attorney (EPA) is a legal document that gives someone authority to make financial decisions on behalf of another person. An EPA can only be made when a person is still capable of making decisions for themselves, and they can choose when the EPA takes effect either if and when decision-making capacity is lost, or immediately and ceases upon death. The person acting on your behalf is then responsible for looking after your financial affairs to ensure you, and your dependents, maintain your quality of life. They will need to collect income, pay bills, manage real estate, prepare tax returns and possibly invest your money to make sure it grows and lasts as long as possible. An EPA does not give your Attorney authority to gift your assets or use your money to benefit themselves or anyone else, even if the person benefitting will inherit your estate when you pass away. Unfortunately, misuse of funds under an EPA does occur so the most important thing to consider is whom you appoint. Research shows that elder abuse is most commonly carried out by close family members, so it is often wise to name an independent third-party, such as the Public Trustee or another professional service, in your EPA. In situations where an elderly person has lost decision-making capacity but does not have an EPA, the SAT can appoint an administrator to act on their behalf. Being appointed as an administrator of someone s financial affairs People who are unable to look after their own financial affairs often have the informal support of a family member or friend who helps them manage their income and expenses. Centrelink has also introduced some services such as Centrepay which is a free direct bill paying service available to customers who receive a Centrelink benefit. In cases where a more formal arrangement is preferred, or where people have no one to assist, the SAT will formally appoint an administrator to look after the represented person s financial affairs. This may be a family member, friend or neighbour, or a professional service such as the Public Trustee. Identifying a person s decisionmaking disability, or financial abuse, and subsequently acting on it can be difficult, and playing a role in a represented person s life often requires support. The following information provides some clarification around the roles that various government agencies play in helping you to safeguard people who are at risk. The Office of the Public Advocate (OPA) works under the Guardianship and Administration Act 1990 to promote and protect the rights of adults with decision-making disabilities. One of its functions is to investigate concerns about the abuse, neglect or exploitation of a person with a decision-making disability. If necessary, OPA will report its findings at hearings conducted by the SAT which is an independent statutory tribunal that conducts hearings to consider applications for the appointment of a guardian and/ or administrator. The Tribunal makes and reviews orders for a guardian or administrator to be appointed if one is necessary. A guardian is the person appointed by SAT to make personal, medical and lifestyle decisions on behalf of a represented person whilst an administrator is appointed by SAT to make financial decisions. The Public Trustee can be appointed as an administrator when there is no-one willing or able to perform the role. When a family member or friend is appointed as a private administrator they are required to lodge annual accounts to the Public Trustee s Private Administrator Support (PAS) team for examination. This is to ensure the protection of the represented person and their personal estate, and that all decisions regarding the represented person s finances are made in their best interest. The PAS team plays an essential support role for all private administrators. It provides guidance about how to perform the role and supplies the forms to assist with account keeping and reporting. The PAS team can also offer guidance to help the administrator prepare a better set of accounts and information such as gifting, keeping receipts and what costs may be paid from the represented person s estate. Looking after someone who has been injured after an accident Trustees, who are similar to administrators, may be appointed to look after the financial affairs of someone who has acquired a brain injury after an accident or incident. In these cases, often a court, tribunal or assessor awards a sum of money (called damages), to the person (called the beneficiary) who was injured. Such payments might be made, for example, after a personal injuries or criminal injuries compensation claim. A trustee will be appointed if a person is unable to manage the award, to ensure that the money is spent in the injured person s best interests. The Public Trustee s Trust Management service assists beneficiaries of these payments, and their families, by acting as their trustee. In this role, the Public Trustee will ensure that the money is invested in one of its four comprehensive investment funds, so that it continues to grow and cater for the needs of the beneficiary. It will also manage expenses, pay bills, source specialpurpose vehicles or items, budget and plan for the future. The service works closely with the families of injured beneficiaries to ensure that the payment they received is spent to improve their quality of life. PAGE 2 PAGE 3

What to do when someone dies» The death of a loved one is a time of great sadness and grief, when many people can struggle to focus on simple tasks let alone onerous ones such as planning a funeral or administering the deceased s estate. We ve put together some information that will help you manage the things that need to be done at this difficult time. What to do first When someone dies in a hospital, nursing home or care facility, the doctor and staff will assist you with the immediate arrangements. When someone dies in their home and there is no doctor present, you or a relative or friend will need to phone the person s doctor who may come to the home or explain over the phone what to do next. When appropriate, the deceased will be taken to a hospital, morgue or to a funeral home of your choosing. The doctor who was responsible for the medical care of a person before their death or who examines the body after death must complete and sign a medical certificate stating the cause of death. This certificate must be issued within 48 hours after death and is usually given to the funeral director who will register the death. When death occurs as the result of an accident or is unexpected, the WA Police should be notified (ph 131 444) as well as the person s doctor. In these cases, the Coroner may be required to investigate the cause of death. Registering the death and obtaining the death certificate The registration of a death with the Registry of Births, Deaths and Marriages is compulsory and must occur within 14 days from the date of death. Usually a funeral director will register the death following the funeral. The funeral director will require information about the deceased to register the death, including but not limited to: full name, address, date and place of death and birth, occupation, marital status, parents full names and occupations, maiden name, and full names and dates of birth of children. When registering the death, the funeral director usually orders a copy of the death certificate for the family, which is later needed to administer the deceased s estate. Many funeral directors include the cost of the death certificate in the funeral expenses. Eligible applicants can also apply directly to the Registry of Births, Deaths and Marriages for a copy. If the Coroner is investigating the cause of death, the doctor s medical certificate will not state the cause of death. The death can still be registered as an incomplete death registration. A death certificate can be issued at this stage, if required. At a later date, the Coroner will advise the Registry of Births, Deaths and Marriages, and the family, of the cause of death, which is then added to the death registration and a complete death certificate can be issued. Did the deceased mention organ donation? Depending on the circumstances of the death, the deceased may be able to make an organ or tissue donation if they registered on the Australian Organ Donor Register and you may be contacted by DonateLife or hospital staff to discuss this. Advise relatives and friends Advising family and friends of a loved one s death can be a difficult task. Often it helps to have a support person who can assist you and advise others who need to know of the death immediately, such as an employer. You may choose to place a death notice in the newspaper and a funeral notice including details of the funeral service. Make the funeral arrangements It is a good idea to look amongst the deceased s belongings to see whether there are any specific directions regarding the funeral. Often these directions are included in their Will, which sometimes isn t located until after the funeral takes place. The deceased may have belonged to a society or group that makes special arrangements for the funeral, such as official commemoration by the Office of the Australian War Graves, or you might like to include specific religious or cultural elements in the service. The funeral director can assist in making these arrangements. A funeral director can provide you with low cost, mid range and premium options. It is wise to ask for a full written quote before confirming the funeral plans and avoid making the decisions when you are emotional or if you are feeling pressured. Financial institutions can release money from the deceased s bank account to pay for the funeral. The deceased may also be entitled to insurance or funeral benefits that assist with funeral expenses, or may have a pre-arranged funeral bond. If you are having difficulty paying for the funeral, you may be eligible to apply for assistance under the Department for Child Protection s Bereavement Assistance Program (visit www.dcp.wa.gov.au for further information). The Will and other arrangements There are a number of documents you will need to locate when someone dies, including the deceased s Will. It might be stored in the WA Will Bank call the Public Trustee on 1300 746 116 to find out. It is likely that the executor named in the Will will need to apply for a Grant of Probate to administer the deceased s estate. Fees are charged by the Probate Office to lodge a probate application. Visit www.supremecourt.wa.gov.au for more detailed information regarding Probate. The Public Trustee may administer the deceased s estate if named as the executor, if the executor renounces or if appointed by the beneficiaries for intestate estates (where people die without a Will). The Public Trustee can provide a cost estimate for deceased estate administration if you wish to consider this option. If you are a private executor, the Public Trustee offers an Executor Assist service. Alternatively, The Citizen s Advice Bureau sells a probate kit (ph 9221 5711 or visit www. cabwa.com.au). Once the Probate is granted, the Will becomes a public document available for purchase to interested parties. The executor will need to secure, finalise and distribute the deceased s estate and gather information about the deceased s assets, debts, bank accounts, real estate, business or anything else included in their estate. If the person has died without making a Will, the law sets out how their estate is to be distributed. Generally, any adult entitled to a share of the estate can apply to the Probate Office for letters of administration to administer an intestate estate. You may also need to locate and finalise life insurance or superannuation policies, trust deeds, foreign pensions or Centrelink benefits. Certain payments or allowances may be available from Centrelink so phone 13 61 50 for further information. There are a number of other organisations you may need to notify in writing including financial institutions, health and insurance funds, Medicare, landlords, amenities such as gas and electricity suppliers, telephone companies, the Department of Transport (for vehicle registration and licensing), the Australian Taxation Office, groups or associations of which the deceased was a member, the local council and health professionals. Support and professional help if you need it The most important thing to remember throughout the process of dealing with a loved one s death is to seek support, accept help and look after yourself. Although grief is a very personal experience, it often helps to share how you feel with others. Your support person may be able to make calls to friends or relatives on your behalf and assist with paperwork. If you are feeling overwhelmed for a long period of time or unable to cope, you might consider speaking to a professional or person of your faith who can help you deal with grief. If children are affected by the person s death, it often helps to speak with them about how they are feeling or arrange for them to speak to a professional. Grieving is a unique process for everyone so take your time, be kind to yourself and seek the support you need to help you through this period. Some agencies or resources for emotional support, information or referral include: Lifeline 13 11 14 Compassionate Friends of WA Inc 9486 8711 Good Grief www.goodgrief.org.au GriefLink www.grieflink.asn.au Australian Centre for Grief and Bereavement www.grief.org.au Bereavement Care Centre www.bereavementcare.com.au National Centre for Childhood Grief www.childhoodgrief.org.au PAGE 4 PAGE 5

No more commission fees at the Public Trustee» Some people are still unaware that the Public Trustee introduced a new fee-for-service system of charging on 1 July 2009. Fees for deceased estate administration have changed significantly as a percentage of the value of a deceased estate is no longer charged. Under the new system, the fee is based on the work involved in administering the estate, not its value. This means that regardless of whether an estate is worth millions or thousands, the fee is based only on the work that is done. Fees for Deceased Estate Administration start from $1800. Fees for trust management services have also changed and depend on the complexity and amount of work involved. Fees have been introduced for Will-drafting, starting from $45 for Commonwealth Concession Card holders. More detailed information on fees can be found in the Public Trustee s Scale of Fees at www.publictrustee. wa.gov.au Will drafting service» An current Will ensures your hardearned assets are left to the people you choose and a properly prepared Will reduces the stress involved in administering your estate. As life changes, so should your Will, and it s a good idea to review it regularly. You may need to update your Will when you marry or divorce, have a child or grandchild, a beneficiary or executor dies, you sell or acquire new assets or you simply change your mind about the division of your estate. Avoid making a homemade Will or using a prepare-your-own-legal- Will kit because of commonly made mistakes such as failing to date the Will, using ambiguous words, not allowing for the situation where a beneficiary dies before you, or using contradictory clauses. The Public Trustee drafts Wills that nominate the Public Trustee as executor, and Wills that nominate a private executor, such as a family member or friend. Appointments are available Monday to Friday with limited home or hospital visits for those who are ill or disabled. Interpreter services are available. If you live more than 50km outside the CBD, you can complete your Wills via a telephone appointment. Appointments usually last between 1.5 and 2 hours and most people leave the office with a completed and signed, witnessed Will. If you who live outside the metropolitan area you can complete your Wills interview over the telephone. Will drafting fees apply. Intestate estates There is a common misconception that the Public Trustee administers all intestate estates (estates of those who have died without a Will) in Western Australia, however this is not the case. When a person dies intestate, the deceased s next of kin can ask the Public Trustee to administer the estate, and the Public Trustee may choose to take on the role. The Public Trustee does not automatically sell the assets or transfer ownership to the Government, but divides the estate according to the laws of intestacy as outlined under Section 14 of the Administration Act 1903. PAGE 6 PAGE 7

Where s your Will?» Many people take great care in preparing their Will, but often don t consider where to store this very important legal document. Some store it in their homes and advise their executor or family, and others hide it so well that it can never be found. The recent spate of fires and other natural disasters has highlighted that storing your Will at home may not be the safest place for it. The Public Trustee s WA Will Bank offers a free Will storage service to the WA community. It currently stores more than 115,000 Wills in a fireproof vault, keeping them safe from loss, theft or damage. An electronic, scanned copy of the original Will is also confidentially stored in a separate location for added security. Wills are logged in the database and any revocations or later Wills we receive are recorded to ensure that the last signed Will you supply is indeed identified as your last Will and Testament. The Public Trustee will only release a Will stored in the WA Will Bank to its owner while they are living, and to the executor of the Will after the owner has passed away. The Public Trustee receives notifications of all deaths from the Registry of Births, Deaths and Marriages and checks whether it holds the Will of someone who has died. If so, the Public Trustee will contact the executor of the Will to advise them to collect the Will. The WA Will Bank is a safe, convenient and logical place to store your Will and reduces the likelihood that a person will be deemed to have died intestate, that is, without a Will, because a Will could not be found. It is FREE to store your own Will in the WA Will Bank. A fee may apply when a third-party, for example, a commercial organisation, deposits a Will on behalf of another person. The fee will not be charged where a family member or good Samaritan deposits a Will on behalf of a person who is unable to visit the office for reasons of incapacity or geography. To store your Will in the WA Will Bank, complete the WA Will Bank Deposit Form, available on the Public Trustee s website or by calling the office, and take the original Will, the completed form and two types of current identification to the Public Trustee office in Perth. Alternatively, you can lodge your Will by registered post - complete the WA Will Bank Deposit Form and post it with your original Will and copies of two types of current ID which have been sighted and signed by a Justice of the Peace or legal practitioner. Don t forget to let the Public Trustee s Client Service Centre know if you make a later Will than the one stored in the WA Will Bank. Binding your Will The Public Trustee recommends that you bind your Will by stapling it in the top left hand corner and placing it in a paper envelope. It is not advisable to place your Will in plastic sleeves or to bind it using ring binders, pins or paper clips as these tend to degrade the pages over time and can leave marks that may later raise questions about whether other pages were attached. When depositing your Will in the WA Will Bank, please ensure it is stapled rather than in plastic covers, which will ensure it fits neatly into storage envelopes and remains in good condition until it is needed possibly many years later. Deceased Estate Administration» Being an executor can be a complex and time-consuming job, particularly when you re grieving the death of a loved one. The duties of an executor are many and varied, and require a level of legal and financial knowledge or professional assistance. The process typically takes more than 12 months, but can be longer if beneficiaries cannot be located or there are disputes. The Public Trustee administers deceased estates when it is nominated as the executor of the estate in the person s Will. It may also administer a WHAT WE DO AS YOUR EXECUTOR: deceased estate when Notify the beneficiaries an executor is unable Protect the estate or unwilling to do so Value the estate and settle any debts and requests the Public Trustee perform the role, Obtain authority to administer the estate or when requested by the beneficiaries of an intestate estate. Complete income tax returns Pay all debts and establish any trusts As the executor, the Public Trustee will manage the entire process, from obtaining the Grant of Probate to insuring assets and finalising and distributing the estate, according to the terms of the Will. An Estate Manager will work with the beneficiaries of the estate, ensuring they are kept informed, to meet their needs as well as those of the deceased. Family disputes Divide the estate according to your Will Things don t always run smoothly and unfortunately family disputes can occur, straining relationships at a time when the support of family is needed most. Sometimes beneficiaries may disagree over how assets should be distributed, or someone might challenge the Will, leading to costly and lengthy delays. In these instances, the Public Trustee works with the family to help resolve the dispute while remaining an impartial third-party. Open and accountable For many clients it is reassuring knowing that an impartial third-party, with no personal interest, is administering the estate. The Public Trustee acts fairly and in the best interest of the estate at all times. As a government statutory authority, it is open and accountable in its decisionmaking and happy to answer any questions you may have about the administration process. In cases where a private executor has been appointed and is not administering the estate appropriately or not according to the wishes of the Will, the beneficiaries should promptly seek legal advice and will likely need to apply to the Supreme Court to have the executor removed. Executor Assist» Executor Assist is a service for executors who do not want to give up their role but would like assistance with certain parts of it, such as obtaining the Grant of Probate, transferring the ownership of shares or property, or preparing tax returns for the estate. To use the service, the executor will need to provide the name and date of death of the deceased and the original Will, provide a list of assets and liabilities, and complete an authority requesting the Public Trustee to act as agent in the estate. The Public Trustee cannot provide its Executor Assist service if probate has already been lodged as this forms a large part of the service provided. PAGE 8 PAGE 9

Your questions answered» I m about to get married and want to update my Will. Can I do this before my marriage takes place? In the vast majority of cases, marriage cancels an existing Will. However, a Will can be written in contemplation of marriage which means it specifically states that you intend to marry the person that you name. Wills written in contemplation of marriage remain valid after the marriage takes place. You can also state that your Will remains valid if the marriage does not take place. I m a beneficiary in a Will held by the Public Trustee, can I get a copy of the Will? If executor, the Public Trustee will provide a free copy of the Will to a beneficiary only after the testator (or owner of the Will) has died. In some cases, only the relevant part of the Will will be provided. A copy of the Will is also provided to each beneficiary at the initial meeting with the Estate Manager or posted if a beneficiary is unable to attend. All Wills for which Probate has been granted become public documents and anyone with an interest in an estate can apply to obtain a copy from the Supreme Court Probate Office for a small fee. Beneficiaries can also approach a private executor and request a copy of a Will. I m not sure if I m listed as a beneficiary in a Will held by the Public Trustee, can I find out? If you are listed as a beneficiary in a Will and the Public Trustee is the executor, you will be contacted when the Public Trustee begins administering the estate. If you are a known beneficiary in a Will held by the Public Trustee it is also a good idea to provide any change of address details to prevent delays in contacting you. What is Probate and how does an executor obtain it? Probate is the process of proving and registering the deceased s last Will and Testament in the Supreme Court. It is required in many cases because various institutions such as banks, share registries or Landgate need evidence that the transfer of assets from one person to another is lawful. To obtain a Grant of Probate, the executor of a Will must make an application to the Supreme Court s Probate Office. Applications can be made 14 days after the date of death. In some cases, probate is not required, for example, when the estate consists solely of assets that were jointly owned by the surviving spouse. It is best to speak to the financial and other institutions involved as to whether probate is required or to seek legal advice if you are unsure. For further information contact the Probate Office on 9421 5152 or visit www.supremecourt.wa.gov.au. What if the executor is unwilling or unable to do the job or has passed away? An executor can renounce the role. If no other executor is listed in the Will but a Grant of Probate or Letters of Administration is required, another person such as a beneficiary can apply. The new executor will need to state why they are taking on the role in the place of the nominated executor and may need to include a signed statement of renunciation from the previous executor or a death certificate. In most cases, all the beneficiaries of the Will must agree and formally consent to the appointment of the new executor. An executor can also request that the Public Trustee take on the role for them. What is the difference between a Grant of Probate and Letters of Administration? A Grant of Probate is obtained when the executor named in the Will makes an application to prove and register a Will and obtains formal authority to administer it. Letters of Administration are obtained when someone other than an executor named in the Will makes the application or there is no Will (intestate). I am someone s Donee (or Attorney) under their Enduring Power of Attorney and they want to change their Will. Can I make the changes for them? No. An Enduring Power of Attorney does not give authority to change another person s Will. I am someone s Donee (or Attorney) under their Enduring Power of Attorney. Can I collect or get a copy of their Will? No. The Public Trustee will only release a Will to a living testator (owner) of the Will so the Donee cannot obtain the Donor s Will, or a copy. After the testator s/donor s death, the EPA ceases to apply so the Public Trustee will not provide a copy of the Will unless they are the executor of the Will. If the former Donee is also a beneficiary they may receive a copy. When does the Public Trustee formally administer a Will as executor and when is an estate administered informally? In some cases when nominated as the executor, the Public Trustee can administer an estate without obtaining a Grant of Probate as an informal administration. Generally, estates are informally administered when the value of the deceased s assets that are owned solely in their name, after funeral expenses, is less than $20,000. This does not include assets that are jointly owned such as property or joint bank accounts. When the Public Trustee informally administers an estate, it helps beneficiaries avoid the cost of administration by assisting them to undertake some of the administrative tasks themselves. In these cases, the Public Trustee does not charge a fee for an informal administration, however other fees may apply. For example, Landgate will charge a fee if the survivor of a jointly owned property wishes to have the title transferred solely into their name. Where beneficiaries have difficulty completing some of the informal administration duties, the Public Trustee may offer assistance, which is charged at an hourly rate. How can I change or add to my Will held by the Public Trustee? If you live within 50 kilometres of the Perth CBD, you will need to make a Wills appointment by calling our Client Service Centre on 1300 746 116. A mobile Wills service can visit people who are house-bound or hospitalised within 50 kilometres of the Perth CBD. If you live outside the 50km zone, you can book a telephone appointment. The Public Trustee also visits different regional and outer metropolitan locations if there is sufficient demand for our services in those areas. What details does the Public Trustee need when being notified about a death? If the Public Trustee is the executor, you will need to provide the following information:» Your own full name, address and phone number» The deceased s name and date of death» The details and values of any assets owned by the deceased, if known A Client Service Officer will determine whether a formal or informal administration of the estate is required based on the information provided and post the appropriate forms. If the Public Trustee did not prepare the Will, please contact the Client Service Centre on 1300 746 116. If you are the executor of a Will held in the WA Will Bank, you will need to attend the office with two types of identification to collect the original Will or make arrangements to have it posted if you live outside of the metropolitan area. Is there a central register for Wills in WA? There is no central register of Wills in WA however the Public Trustee s WA Will Bank acts as a register of the Wills that it holds. It is free to store your own Will in the WA Will Bank and there is no fee to retrieve it or issue it to your executor upon your death. For more information or to complete a lodgement form visit www. publictrustee.wa.gov.au What is the difference in the administration process when a property s Certificate of Title indicates Joint Tenants as opposed to Tenants in Common? When a property is owned as joint tenants, ownership automatically devolves to the surviving owner when the other dies (with some exceptions). The surviving owner may choose to have the title formally transferred into their sole name by completing a Survivorship Application form with Landgate. No formal administration is necessary for this asset. When a property is owned as tenants in common, the deceased s share of the property forms part of their estate and can be passed on to someone in their Will so a formal administration and a Grant of Probate is necessary. Can I pay for the deceased s funeral with money from their bank account before their estate has been administered? Financial institutions are legally allowed to release money, assuming funds are available, from a deceased person s bank account to pay for their funeral expenses. This is allowed before the deceased s estate has been administered and the death certificate issued. You will need to provide evidence of the funeral expense account to the financial institution. PAGE 10 PAGE 11

Seminars and Events» The Public Trustee runs a series of seminars and events throughout the year for members of the public and professional development. If you would like to attend one of these events, visit the Public Trustee s website or call 1300 746 116 to reserve your place. WA Will Week WA Will Week is an annual event aimed at encouraging Will-making and reducing the rate of intestacy among the WA population. Wills and Deceased Estate Administration talks These popular, free talks are regularly held at the Public Trustee office and other locations around WA and cover a range of topics including why you should have a Will, what makes a Will valid, who can challenge your Will and the role of an executor, to name a few. Law Week and Seniors Week The Public Trustee is a regular participant in both WA Law Week and WA Seniors Week, holding free talks for the community on a range of topics regarding Wills, deceased estate administration or trust management services. To find out more about Law Week visit The Law Society of Western Australia s website at http://www.lawsocietywa. asn.au/. For more about Seniors Week visit www. communities.wa.gov.au Private Administrator training The Public Trustee and the Office of the Public Advocate run regular training seminars for people who have been appointed as the administrator of another person s financial affairs. The sessions cover the role and responsibilities of an administrator and offer practical advice and examples regarding the completion of the annual set of accounts. For further information about these events call the Office of the Public Advocate on 1300 858 455. How we can help» The Public Trustee can:» Prepare and give advice on making your Will» Act as an executor by distributing your estate as outlined in your Will» Assist you to act as executor for a deceased estate» Act as trustee for compensation payments awarded by the court after an accident» Act as trustee for minors (people under 18)» Manage the financial and legal affairs for people who are unable to manage their own» Prepare and act as Enduring Powers of Attorney» Provide support and audit accounts for people who administer the financial affairs on behalf of another person. To make an appointment or for more information, visit www.publictrustee.wa.gov.au or phone: New enquiries Wills, executors and deceased estates ph: 1300 746 116 Trusts and represented persons ph: 1300 746 212 Existing deceased estates and trust clients and represented persons Please call your manager direct. 553 Hay Street, Perth Western Australia 6000 Office hours: 8:30am 4:30pm (Mon Fri) Tel: 1300 746 116 Fax: (08) 9222 6617 public.trustee@justice.wa.gov.au www.publictrustee.wa.gov.au PAGE 12