Usually the Supreme Court of Western Australia will only issue a Grant of Probate if the executor produces the original Will of the deceased, but you may still be able to obtain a grant if you only have a copy of the Will.
If you are not familiar with the ‘ins and outs’ of the Administration Act WA, here are five important points you should know.
If the estate is straightforward, and you have time, you can probably carry out most of the necessary work yourself. If the estate is complex, you should always seek advice from a probate lawyer.
Our interactive technology allows us to significantly reduce the cost of providing consumer legal services. Common tasks, such as making an Application for Probate, that would previously have taken many hours can now be completed in a fraction of the time. We pass on these savings to clients in the form of lower Probate fees.
A person dies intestate if they die without a valid Will. A partial intestacy occurs where a valid Will does not dispose of the testator’s entire estate.
The Administration Act 1904 (WA) sets out rules of intestacy in WA. The Act sets out a formula for dividing the estate among the surviving family members.
A probate application must include information about the deceased’s Will, the date and location of their death and a statement of their assets and liabilites. An application for Letters of Administration must set out the deceased’s family tree, the date and location of their death and a statement of their assets and liabilites.
You’ve identified that you need a Grant of Probate or Letters of Administration. You have a choice to make in terms of getting the job done – DIY or hire a lawyer. Let’s compare the options.
A surety guarantee is a guarantee given by a third party to make good any loss suffered by a beneficiary where an administrator improperly benefits him or herself or otherwise acts unlawfully.
Letters of Administration is a document issued by the Court confirming a person’s authority to deal with the affairs of a person who died intestate (without leaving a valid Will).