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FAQs

 

Probate

Probate on the spot

Please bring the documents and information listed on the relevant checklist.

 

Our advertised fees are for straightforward applications prepared on the spot during your consultation. They do not include the Supreme Court of Western Australia filing fee which is $344.

If your application is not straightforward or if you require additional legal advice or assistance we will give you a quote for our services.

For full terms see our Product Disclosure Statement.

In most cases we can prepare your application and arrange for you to sign it on the spot at your consultation. It will then take the Supreme Court of Western Australia 6 – 8 weeks to review your application and issue a Grant.

Rule 9B(1) of the Non-Contentious Probate Rules 1967 (WA) require an applicant for a grant of Probate or Letters of Administration to provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere.

Note that any property the deceased owned as a joint tenant with another person(s) who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship.

Download our checklist to help you collate the information needed for the statement of assets and liabilities.

A Grant of Probate is a document issued by the Supreme Court of Western Australia confirming an executor’s authority to deal with the affairs of a deceased person.

If the executor renounces their right to obtain a Grant of Probate, any substitute executor named in the Will is entitled to make an application. If there is no substitute executor, one or more of the beneficiaries of the estate may make an application for Letters of Administration with the Will annexed.

Where an original Will cannot be found, there is a presumption that the Testator destroyed the Will with the intention to revoke it. If you are unable to locate the original Will, you will need to produce evidence to satisfy the Court on the balance of probabilities that the Testator did not destroy the Will with the intention to revoke it.

Book a consultation to get started.

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

Letters of Administration

Letters of Administration

Please bring the documents and information listed on the relevant checklist.

 

Our advertised fees are for straightforward applications prepared on the spot during your consultation. They do not include the Supreme Court of Western Australia filing fee which is $344.

If your application is not straightforward or if you require additional legal advice or assistance we will give you a quote for our services.

For full terms see our Product Disclosure Statement.

In most cases we can prepare your application and arrange for you to sign it on the spot at your consultation. It will then take the Supreme Court of Western Australia 6 – 8 weeks to review your application and issue a Grant.

Rule 9B(1) of the Non-Contentious Probate Rules 1967 (WA) require an applicant for a grant of Probate or Letters of Administration to provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere.

Note that any property the deceased owned as a joint tenant with another person(s) who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship.

Download our checklist to help you collate the information needed for the statement of assets and liabilities.

A Grant of Letters of Administration is a document issued by the Court confirming the administrator’s authority to deal with the affairs of a person who died intestate (without leaving a valid Will).

Any one or more of the adult beneficiaries of the estate (as set out in the Administration Act 1903 (WA)) can apply for a grant of Letters of Administration of an intestate estate.

The applicant must obtain written consent from any adult beneficiary of the estate or provide the Court with proof that they have served notice of their intention to apply on each beneficiary.

Our Letters of Administration on the spot service includes the preparation of consent notices for any beneficiary whose consent is required.

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

Complex applications

Complex applications

Please bring the documents and information listed on the relevant checklist.

 

In most cases we can prepare your application and arrange for you to sign it on the spot at your consultation. It will then take the Supreme Court of Western Australia 6 – 8 weeks to review your application and issue a Grant.

Rule 9B(1) of the Non-Contentious Probate Rules 1967 (WA) require an applicant for a grant of Probate or Letters of Administration to provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere.

Note that any property the deceased owned as a joint tenant with another person(s) who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship.

Download our checklist to help you collate the information needed for the statement of assets and liabilities.

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

Estate administration

Estate administration

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

Property transfers

Property transfers

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

A survivorship application is an application by a surviving joint tenant of property to remove the name of a deceased person from the certificate of title.  The application must be made to Landgate and must include the death certificate.  A statutory declaration may also be required.

There is no need to lodge a survivorship application immediately upon the death of a joint tenant. The application can just as easily be done at the time of disposal of the property, whether by sale or upon the death of the last surviving joint owner.

Before real estate can be sold it must first be transferred to the name of the executor or administrator of the estate.

There are three steps involved here:

  1. Firstly, the executor or administrator must obtain a Grant of Probate or Letters of Administration from the Supreme Court of Western Australia. Landgate will not permit property transfers without a Grant.
  2. Secondly, the property must be transferred into the name of the executor or administrator of the estate, in their capacity as executor or administrator, known as an Application by Personal Representative or a transmission application.  This application is an essential first step whether the property is to be sold or transferred to one or more beneficiaries of the estate.
  3. Thirdly and finally, the property can be transferred to the beneficiary or beneficiaries named in the Will or, in the case of a sale, to the buyer.

Reseal of foreign grants

Reseal of a foreign grant

Please bring the documents and information listed on the relevant checklist.

 

Our advertised fees are for straightforward applications prepared on the spot during your consultation. They do not include the Supreme Court of Western Australia filing fee which is $344.

If your application is not straightforward or if you require additional legal advice or assistance we will give you a quote for our services.

For full terms see our Product Disclosure Statement.

In most cases we can prepare your application and arrange for you to sign it on the spot at your consultation. It will then take the Supreme Court of Western Australia 6 – 8 weeks to review your application and issue a Grant.

Rule 9B(1) of the Non-Contentious Probate Rules 1967 (WA) require an applicant for a grant of Probate or Letters of Administration to provide a statement of the deceased’s assets and liabilities as at the date of their death. The statement must include all real estate in Western Australia and all movable property and debts, whether in Western Australia or elsewhere.

Note that any property the deceased owned as a joint tenant with another person(s) who survived them does not form part of their estate, rather it passes to the surviving joint tenant by survivorship.

Download our checklist to help you collate the information needed for the statement of assets and liabilities.

A reseal of a foreign grant is a process whereby the Supreme Court of Western Australia recognises the validity of a grant of Probate or Letters of Administration issued in another jurisdiction. Once resealed, the original grant will have the same effect and same operation in Western Australia as the original grant.

You can obtain a reseal from the Supreme Court of Western Australia of a grant of Probate or Letters of Administration from any of Her Majesty’s Dominions.

As a general rule, the answer is yes – executors and administrators can charge their reasonable legal costs to the estate. What is reasonable depends on the circumstances, but would generally include the costs of making an application for Probate or Letters of Administration.

Inheritance disputes

Inheritance disputes

You may be able to challenge a Will if you have one of the following relationships with the testator:

  • married or de facto partner immediately before the testator’s death;
  • a former spouse or former de facto partner if you received or were entitled to receive maintenance from the testator;
  • a child;
  • a grandchild or step-child (in certain circumstances); and
  • a parent or step-parent.

The Court will first consider whether the testator has made an adequate provision for you in your particular circumstances. This includes consideration of:

  • your financial position, level of education and age;
  • the provision made for you in the Will (if any);
  • the relationship the testator had with you and the other beneficiaries;
  • the value and nature of the estate;
  • any contribution you have made to the testator’s assets;
  • the needs of other family members; and
  • any conduct that you have engaged in that may disentitle you to a share of the estate.

If the Court finds that an adequate provision has not been made for you, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.

If you intend to challenge a Will, time is of the essence. You must apply within 6 months from the date of any grant of Probate or Letters of Administration (although the Court has a discretion to extend the deadline).

A beneficiary of a challenged Will does not need to actively participate in the proceedings. However, if the Court upholds the challenge, the amount you will receive under the Will may be reduced. For this reason, you may want to present your financial and personal circumstances to the Court to persuade it not to reduce your entitlement.

As an executor, you will need to be actively involved in the court proceedings. Your role is two-fold: to provide information regarding the value and nature of the estate and to defend the existing Will. In most cases, an executor will be entitled to have their legal costs paid from the estate, irrespective of the outcome of the proceedings.