Do I need a will in Western Australia?

Yes. If you die without a will in Western Australia, your estate is distributed according to the Administration Act 1903 (WA), which may not reflect your wishes. A will allows you to choose who receives your assets, appoint an executor and, if you have children, nominate a guardian. Without a will, the law decides — not you.

What is an Enduring Power of Attorney in Western Australia?

An Enduring Power of Attorney (EPA) is a legal document that authorises a person you choose (your attorney) to make financial and legal decisions on your behalf if you lose capacity. In Western Australia, EPAs are governed by the Guardianship and Administration Act 1990 (WA). Unlike an ordinary power of attorney, an EPA continues in force even if you become mentally incapacitated.

What is an Enduring Power of Guardianship in Western Australia?

An Enduring Power of Guardianship (EPG) is a legal document that appoints a person to make personal, lifestyle and treatment decisions on your behalf if you lose capacity. This includes decisions about where you live and the medical treatment you receive. It is different from an Enduring Power of Attorney, which covers financial matters only.

When is probate required in Western Australia?

Probate is required in Western Australia when the deceased held real property in their sole name, or when financial institutions require it before releasing funds. Each bank sets its own threshold — Westpac, for example, requires probate for combined account balances of $100,000 or more. A Grant of Probate is issued by the Supreme Court of Western Australia and confirms the executor's authority to administer the estate.

What is a testamentary trust?

A testamentary trust is a trust created by your will that comes into effect after your death. It holds assets for the benefit of your beneficiaries and can provide protection from divorce, bankruptcy and creditor claims. Testamentary trusts can also be tax-effective, particularly where income is distributed to minor beneficiaries.

What is an Advance Health Directive in Western Australia?

An Advance Health Directive (AHD) is a legal document that records your decisions about the medical treatment you would want — or not want — if you became unable to communicate. It is governed by the Guardianship and Administration Act 1990 (WA) and gives health professionals and family members clear direction about your wishes.

What happens if someone dies without a will in Western Australia?

If a person dies intestate (without a will) in Western Australia, their estate is distributed according to the Administration Act 1903 (WA). The estate passes to the surviving spouse, children, parents or other relatives in a fixed order set by law. If there are no eligible relatives, the estate passes to the Crown. A family member must apply to the Supreme Court for Letters of Administration to be authorised to administer the estate.

How much does a will cost at Crystal Lawyers?

Crystal Lawyers charges fixed fees for all estate planning services, including will preparation. Fees are transparent and agreed in advance — there are no hourly billing surprises. Contact Crystal Lawyers at val@crystallawyers.com.au or 0421 145 637 to discuss your matter and receive a fee estimate.

Val Antoff is the principal solicitor of Crystal Lawyers, a Perth-based law firm focusing exclusively on estate planning and the administration of deceased estates in Western Australia. Val holds a Bachelor of Laws from the University of New England and advises clients on wills, testamentary trusts, enduring powers of attorney, probate and deceased estate administration. Crystal Lawyers is based in Como, Perth.

Where is Crystal Lawyers located?

Crystal Lawyers is located at Suite 1, 3 Barker Avenue, Como, Western Australia 6152. The firm also sees clients at 136 Stirling Highway, Nedlands, Western Australia 6009. You can contact the firm by phone on 0421 145 637 or by email at val@crystallawyers.com.au.

Executor Duties for Deceased Estates in Western Australia

Val Antoff
May 18, 2025
4 min read

Updated: May 3

After a person dies, someone has to look after their assets and pay their debts.

Even though the person is gone, their affairs must be finalised. The person responsible for doing this is usually appointed in the Will. In Western Australia, that person is called an executor.

An executor is chosen by the Will-maker to carry out their wishes in managing the estate. They are responsible for administering the estate and distributing assets to beneficiaries in accordance with those wishes. An executor may be a friend, a relative or a professional such as a solicitor.

Most people are not aware of the time and complexity involved in administering an estate in Western Australia. This guide explains the key responsibilities of an executor.

Legal framework

In Western Australia, executor duties are governed by the Administration Act 1903 (WA). This legislation sets out the legal process for administering deceased estates and the responsibilities of executors.

Do I need to apply for a Grant of Probate?

The executor named in a Will may need to apply to the Supreme Court of Western Australia for a Grant of Probate. Probate is a court order confirming that the Will is valid and that the executor named in it has authority to finalise the deceased's affairs.

A Grant of Probate is not always required. Whether one is needed depends on the nature and value of the estate assets. Most major banks require a Grant before releasing solely held accounts above their internal threshold — you should contact each institution directly to confirm their current requirements.

If a dispute over the estate is likely, the executor should apply for a Grant of Probate. An executor who deals with estate assets without a required Grant may become personally liable to beneficiaries. If you are unsure whether a Grant is needed, seek legal advice before acting.

How to apply for a Grant of Probate

Before making an application, the executor must identify the deceased's assets and debts. Once those are known, the executor can work out how assets will be transferred to beneficiaries.

To apply for a Grant of Probate in the Supreme Court of Western Australia, the executor must:

Lodge a formal application with the Court, supported by an affidavit (a written statement made on oath before an authorised witness) setting out details about the executor, the deceased, the estate and the original Will.
Conduct a search of the Registry records to confirm no previous Grant has been made.
Provide a certified copy of the death certificate.
Pay the filing fee ($408 as at 18/05/2025).

Processing times vary. Your lawyer can give you a current indication of expected timeframes at the time of lodgment.

Protecting yourself as executor: advertising for creditors

Under section 63 of the Trustees Act 1962 (WA), an executor can protect themselves from personal liability by advertising for creditors. This involves placing a notice in a newspaper and the Western Australian Government Gazette, giving creditors 30 days to make claims against the estate.

While this step is not mandatory, it is strongly recommended. If the executor later distributes the estate and an unknown debt emerges, the advertisement provides protection against personal liability.

Paying debts and distributing the estate

All debts of the estate must be paid before any distribution is made. Once debts are settled, the executor distributes the estate in accordance with the Will.

After the Grant of Probate is made, the executor sends evidence of the Grant to each institution holding estate assets — such as banks and share registries. Those institutions then transfer the assets as directed by the executor.

Any land held in the sole name of the deceased can be transferred to the executor or the beneficiary by lodging the Grant of Probate with Landgate, together with a transfer application.

Executor duties and potential liabilities

As executor, your responsibilities include:

Identifying and securing all estate assets.
Paying all legitimate debts and liabilities.
Defending the Will if it is contested. Note that family provision claims under the Family Provision Act 1972 (WA) must generally be brought within six months of the Grant, though the court has discretion to extend this period in limited circumstances.
Keeping proper accounts of the estate administration.
Distributing assets in accordance with the Will.

An executor may be personally liable if they distribute assets before paying all debts, fail to identify all beneficiaries, mismanage estate assets or distribute the estate incorrectly.

Tax obligations

The executor must also attend to the deceased's tax affairs, including:

Lodging the deceased's final tax return up to the date of death.
Lodging any estate tax returns for income earned during administration.
Obtaining tax clearance before final distribution.

Digital assets and other special considerations

Modern estates often include digital assets such as online accounts, cryptocurrencies and stored data. The executor should identify these assets and determine the appropriate process for accessing and transferring them.

Superannuation requires particular care. It does not automatically form part of the estate and may instead be distributed according to a binding death benefit nomination — a formal written direction made by the deceased to their superannuation fund about who should receive their super on death. If no valid nomination exists, the fund trustee has discretion to decide who receives the benefit. Expert advice is recommended for these assets.

Getting help

The role of executor involves significant responsibilities and real potential for personal liability. Getting proper legal advice early helps you carry out your duties correctly and protects you throughout the administration.

This information is general in nature and does not constitute legal advice. You should obtain advice specific to your circumstances. If you would like to know more, or if you need help with a probate application or estate administration in Western Australia, please contact us on 0421 145 637 or at val@crystallawyers.com.au.

Executor Duties for Deceased Estates in Western Australia

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