General

General

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.

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.

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.

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.

Probate

Probate

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.

Letters of Administration

Letters of Administration

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.

Reseal of foreign grants

reseal

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.