A Western Australian parliamentary Question on Notice inquires about the number of will challenges, intestacy cases, and incomplete wills over the past five years. The Attorney General provides data on will challenges and applications for Letters of Administration but clarifies limitations in data collection for intestacy and incomplete wills.

AnsweredQoN 19Legislative Assembly
Asked
6 April 2005
Portfolio
Attorney General

QuestionView source ↗

(1) How many wills have been challenged in each of the last five years?
(2) How many people in each of the last five years have died intestate?
(3) How many people in each of the last five years have died with incomplete wills?

AnswerView source ↗

Answered
17 May 2005
Response time
41 days
· Year 2000 - 122 · Year 2001 - 138 · Year 2002 - 114 · Year 2003 - 108 · Year 2004 - 127 2. It is not possible to provide figures regarding how many people die intestate as not every intestacy will give rise to an application to the Probate Office; however according to the records of the Probate Office, the number of applications for Letters of Administration applied for over the past five years are as follows: · Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2001 - 138 · Year 2002 - 114 · Year 2003 - 108 · Year 2004 - 127 2. It is not possible to provide figures regarding how many people die intestate as not every intestacy will give rise to an application to the Probate Office; however according to the records of the Probate Office, the number of applications for Letters of Administration applied for over the past five years are as follows: · Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2002 - 114 · Year 2003 - 108 · Year 2004 - 127 2. It is not possible to provide figures regarding how many people die intestate as not every intestacy will give rise to an application to the Probate Office; however according to the records of the Probate Office, the number of applications for Letters of Administration applied for over the past five years are as follows: · Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2003 - 108 · Year 2004 - 127 2. It is not possible to provide figures regarding how many people die intestate as not every intestacy will give rise to an application to the Probate Office; however according to the records of the Probate Office, the number of applications for Letters of Administration applied for over the past five years are as follows: · Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2004 - 127 2. It is not possible to provide figures regarding how many people die intestate as not every intestacy will give rise to an application to the Probate Office; however according to the records of the Probate Office, the number of applications for Letters of Administration applied for over the past five years are as follows: · Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
2. It is not possible to provide figures regarding how many people die intestate as not every intestacy will give rise to an application to the Probate Office; however according to the records of the Probate Office, the number of applications for Letters of Administration applied for over the past five years are as follows: · Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2000 - 446 · Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2001 - 428 · Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2002 - 464 · Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2003 - 456 · Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
· Year 2004 - 498 3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.
3. I am unsure of what you mean by the term "incomplete wills". I assume that you are referring to informal wills under Part X of the Wills Act 1970 which allows that a document purporting to embody the testamentary intention of a deceased person is a will of that person, notwithstanding that it has not been executed in accordance with section 8 of that Act, if the Supreme Court is satisfied that the deceased intended the document to constitute his or her will. I advise that separate records are not kept for such applications.

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