PROBATE
In Western Australia, Probate is the process of proving and registering the last Will of the deceased person, in the Supreme Court of Western Australia.
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In Western Australia, a Grant of Probate may be required from the Supreme Court of Western Australia in order to administer the estate when the deceased:
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has passed away leaving a valid Will and appointing an Executor(s), and the Executor(s) is ready and willing to carry out its duties as an Executor(s); and
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owned significant assets (currently more than $50,000.00) or is the registered proprietor of land (not subject to co-ownership by way of a joint tenancy).
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In Western Australia, the Probate can only be granted by the Supreme Court of Western Australia.
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When a person dies leaving behind a Will, the person named as the Executor(s) in the Will is to apply and obtain a Grant of Probate of the Will.
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Upon the Grant of Probate, the Executor(s) is amongst others required to:
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preserve, collect the assets of the deceased;
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pay the liabilities of the deceased;
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administer the estate of the deceased; and
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distribute the estate of the deceased according to the terms of the Will.
LETTERS OF ADMINISTRATION WITH WILL ANNEXED
In Western Australia, Letters of Administration with Will Annexed is the process of proving and registering the last Will of the deceased person in the Supreme Court of Western Australia.
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In Western Australia, a Grant of Letters of Administration with Will Annexed may be required from the Supreme Court of Western Australia in order to administer the estate when the deceased:
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has passed away leaving a valid Will but has either not appointed an Executor(s), or the appointed Executor(s) has failed to secure the Grant of Probate or is not willing to apply for it; and
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owned significant assets (currently more than $50,000.00) or is the registered proprietor of land (not subject to co-ownership by way of a joint tenancy).
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In Western Australia, the Letters of Administration with Will Annexed can only be granted by the Supreme Court of Western Australia.
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This is a Grant issued to a person who is not named in the Will as an Executor(s).
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In such a situation, the Court will issue the Grant to a legal heir(s)/beneficiary(s) named in the Will of the deceased as the Administrator(s).
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Generally, such a beneficiary(s) has the approval of all the other beneficiary(s).
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Such an Administrator(s) is to act in the best interest of the other beneficiary(s) and creditor(s) of the deceased.
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Upon the Grant of Letters of Administration with Will Annexed, the Administrator(s) is amongst others required to:
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preserve, collect the assets of the deceased;
-
pay the liabilities of the deceased;
-
administer the estate of the deceased; and
-
distribute the estate of the deceased according to the terms of the Will.
LETTERS OF ADMINISTRATION
In Western Australia, a Grant of Letters of Administration may be required from the Supreme Court of Western Australia in order to administer the estate when the deceased:
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has passed away intestate (without a Will or the Will is not legally valid or enforceable); and
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owned significant assets (currently more than $50,000.00) or is the registered proprietor of land (not subject to co-ownership by way of a joint tenancy).
In Western Australia, the Letters of Administration can only be granted by the Supreme Court of Western Australia.
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In such a situation, the Court may issue the Grant to the legal heir(s)/beneficiary(s) of the deceased as the Administrator(s).
Generally, such a beneficiary(s) has the approval of all the other beneficiary(s).
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Such an Administrator(s) is to act in the best interest of the other beneficiary(s) and creditors of the deceased.
​
Upon the Grant of Letters of Administration, the Administrator(s) is amongst others required to:
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preserve, collect the assets of the deceased;
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pay the liabilities of the deceased;
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administer the estate of the deceased; and
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distribute the estate of the deceased according to law.
WINDING UP OF ESTATE
Once a Grant has been procured, the Executor(s) or the Administrator(s) is amongst others required to:
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preserve and collect the assets of the deceased;
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pay the liabilities of the deceased;
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administer the estate of the deceased; and
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distribute the estate of the deceased according to the terms of the Will/law.
We can advise the Executor(s) and the Administrator(s) with the proper way to distribute and wind up the estate of the deceased in an efficient manner.
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We also provide comprehensive advice to the beneficiary(s).
RESEAL OF FOREIGN GRANT
If you are the Executor(s) or the Administrator(s) of an estate that has the Probate/Letters of Administration with Will Annexed/Letters of Administration granted in a jurisdiction outside of Western Australia, you are required to get the Grant resealed, by the Supreme Court of Western Australia.
By way of resealing of the Grant, the Supreme Court of Western Australia recognises the validity of a Grant of Probate/Letters of Administration with Will Annexed/Letters of Administration, issued in another jurisdiction.
Once resealed, the original Grant will have the same sanctity, effect and operation in Western Australia as the original Grant.