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WA Family Tree Search - Information on the Trustees Act 1962?

Discussion in 'Wills and Estate Planning Law Forum' started by frazell, 20 January 2015.

  1. frazell

    frazell Member

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    I am after some general advice here as I'm researching my family tree here in the UK and need to understand how the Trustees act is implemented.

    Some background;

    My great grandparents immigrated to Perth WA in the late 50's and the family still communicated regularly. My greatgrandfather wrote to my grandmother in mid 60's stating that they had brought a property and prepared a Will which stated my mother and aunt would receive some inheritance.

    He died in 1966 and was survived by my greatgrandmother but I found a reference to my greatgrandfather in the Government Gazette just after his death. The advert is a notice to creditors and claimants to come forward with particulars of their claims under section 63 of the Trustees Act 1962.

    My question is based on if the advertisement was placed because the Will was never executed or if it was common practice then to issue a notice to claimants in the area before the Will was executed.

    My greatgrandmother died 2 years later but seems to disappear until her death. I have requested her death certificate to see if it says where she may have resided. I assume the property and all my greatgrandfathers possessions would have been passed to my greatgrandmother which makes it even more puzzling why the notice in the gazette was required?

    Any help would be greatly appreciated.
     
  2. Amanda E

    Amanda E Well-Known Member

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    Hi @frazell
    I wasn't around at the time, so really can't speak to that. This is a very specific question, but my understanding is that it is still common for these notices to be issued in the paper. For example, I found a recent notice in Classifieds section of the The West Australian. So perhaps the trustee believed there may be debts owing to creditors at the time.
     
  3. frazell

    frazell Member

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    Thanks Amanda E, I have since received a response from the supreme courts records office which found no Will lodged for my great grandfather so can only assume that as my greatgrandmother survived him that everything went to her. Perhaps as a precaution my greatgrandmother as trustee placed a notice for all creditors to come forward.

    Interestingly, the records office found an entry for my greatgrandmother, so I now have a copy of her Will. Another piece of the puzzle in place in respect to her last residence etc.
     

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