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Deceased Estates Lawyers

Prevent Will Disputes

We can help prevent will disputes between your beneficiaries.

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Estate Management

We can help manage your estate and ensure beneficiaries inherit your assests.

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Legal Requirements

We will ensure your will meets the legal requirements of your state. 

I would highly recommend Val . He has a very Professional approach to his work and great attention to detail. 

Frank Amara

Val was very patient and did not try to rush us. A very smooth transaction and could not recommend Val and his services any more.

Frank Britton

If it weren't for your analytical skill and knowledge, the matter wouldn't have been settle by now. 

Margot Kory

What our clients are saying

Frequently asked questions

What is a Grant of Probate?

A Grant of Probate is a court order which is produced by the Probate Registry of the Supreme Court of Western Australia which confirms the named executors and gives them legal authority to administer the estate under the terms of the deceased’s will. To prove the Will, your lawyer will lodge:

  • Will
  • Death certificate
  • Affidavit
  • Motion paper
  • Other court documents
The Court often issues requisitions. Requisitions are questions by the Court regarding the application for Probate. The answers to requisitions are sworn by the applicant before an authorised witness. The Court cannot issue a grant if the deceased did not leave any property in Western Australia.

Do I always need a Grant Of Probate?

Whether a Grant of Probate is required is determined by the value of the deceased’s estate and the type of assets and ownership.

  • If the deceased held real property in their sole name then you must apply for probate.
  • If the deceased held real property as joint tenants with someone else then you must apply for probate.
  • If the superannuation of the deceased will be paid to the estate then you will need a grant of probate.
For cash assets, things are often more uncertain as each bank may set its own threshold for which they require a Grant of Probate. For Westpac account holders all estates with a combined account balance equal to or greater than $100,000 will require either a Grant of Probate/Letter of Administration. For Bankwest the combined balance must exceed $50,000 for a grant to be needed.

Who can apply for a Grant of Probate?

The executors named in the will can apply for a Grant of Probate. If the executors cannot or refuse to apply then the main beneficiaries under the will may apply to be appointed as administrators of the estate. This is called an Application for Letters of Administration with the Will annexed.

What is Letters of Administration?

It is a Supreme Court order confirming the administrator’s authority to deal with the estate of a person who has died with no Will. If the deceased has left a will but there is no executor because they:

  • had died
  • refuse to act
  • cannot act or
  • were not appointed correctly in the will
then the order is called letters of administration with the will annexed. An administrator has similar responsibilities to those of an executor.

Who arranges the funeral?

The executor is responsible for making the funeral arrangements if the deceased has not already made those arrangements. The executor should follow any directions left by the deceased about the funeral arrangements but is not bound to do so. Things to consider include:

  • Whether the body is to be buried or cremated.
  • If the body is to be buried and where.
  • If the body is to be cremated, whether the ashes are to be scattered or retained.
  • The nature and format of the funeral service.
  • Who they should notify about the service.
If the executor is not an immediate family member, then the executor should consult with the family about the funeral arrangements. The reasonable cost of the funeral is an expense of the estate, but the executor should be careful not to incur expenses beyond the available funds in the estate.

Deceased Estates Services

Grant of Probate

To be authorised to administer the estate the executor must obtain a legal document called a grant of probate. To prove the Will, your lawyer will lodge the original Will, death certificate, affidavit signed by the executor, a statement of assets and liabilities of the deceased, motion paper and other court documents with the Supreme Court of Western Australia.

Letters of Administration

If there is no will or the executors in the will are unable to act your lawyer will apply for letters of administration. If there is no will the next of kin of the deceased usually has to apply to the Supreme Court for a grant of letters of administration. One or more applicants can be appointed as administrators by the court.