Grants of Probate: We Can Help
Whenever a person dies and there is a Will to be enacted a Grant of Probate is required to distribute the deceased’s assets.
We offer a fixed fee full service, meaning all you need to do it provide us the information and meet to sign the documents.
Get in contact with our Perth Probate Lawyers
Helpful Perth Probate Lawyer Assistance Packages
Guided DIY
Just $990
Preparation of legal documents ready to be signed and lodged including 2x 15 minute phone calls with our estate team.
Full Service
Just $1670
DIY plus a 30 minute meeting for consultation and signing of documents, plus lodgement and collection from the court.
Deluxe
Just $2350
Full Service plus Estate Administration help including a One hour meeting with our team and a written letter of advice
What is Probate?
A Grant of Probate of a Deceased’s Will is a Court document which grants the Executor or Executors named in the Will the power to deal with the Deceased’s estate. This is usually fairly straightforward, if you are familiar with the Court requirements. If the application is not in accordance with Court rules, then the Court will issue a requisition requiring the applicant to swear and file another affidavit.
The initial application currently takes 4-8 weeks once it is lodged and another 2-4 weeks for each requisition issued by the Court, in addition to the document preparation time.
When A Grant of Probate is Necessary
A Grant of Probate is necessary where the Deceased left a valid Will and owned significant assets (over $50,000) or real estate (as tenants in common not joint tenants). If the Deceased did not own real estate in WA or significant assets worth over $50,000, then you may only need a death certificate to deal with a deceased’s bank accounts, superannuation funds or life insurance.
When Probate has been Obtained in Another State or Country
If a Grant of Probate has already been made in another jurisdiction, you may need to obtain a re-seal of that Grant in Western Australia to deal with asset in Western Australia or obtain a fresh Grant of Probate. This will not impact our fees.
When is a Will Valid?
A will is formal document, signed in accordance with the Wills Act 1970, disposing of a person’s assets upon their death. To be a valid Will:
(a) The person must have had testamentary capacity at the time of signing the Will;
(b) The Will must be in writing;
(c) The Will must be signed in the presence of 2 witnesses; and
(d) The Will must be signed by both witnesses in each others presence.
If there are marks on the will (such as staple holes or the impression of a paperclip) to suggest there may have been a codicil (an amendment to the Will) or there is question as to the Deceased’s capacity (such as dying of dementia), these must be addressed otherwise the Court will likely issue a requisition.
What if the Will does not Comply with the Formal Requirements?
If a Deceased left an informal will, in that it was not executed in accordance with the Wills Act 1970 or the original was lost, there are still provisions to allow a Grant of Probate to be made. This application will require further work as the affidavit will require additional information, such as the gross value of the estate, not just the value in WA, all circumstances around making the informal will to satisfy the Court the Deceased intended it to be their final will and all persons who may be affected by an informal will being accepted or denied and why they would be prejudiced.
When is Letters of Administration Necessary?
Letters of administration is required when one of the requirements for a Grant of Probate has not been satisfied. The most common is where a person died without a Will or there is a Will but no executor named, willing or able to obtain probate (such as having died first or not having capacity). Please see our specific Letters of Administration page.
Who Makes the Application for Probate?
For a Grant of Probate, the applicant is the person or persons named as executor or as substitute if none of the first choice executors are willing and able. A named executor may renounce their position as executor leaving one person or a named substitute executor. We prepare the renunciation form for the person not
An application can be lodged any time from 14 days after the deceased’s death.
What documents do you need?
(a) The Original Will – to be signed on the cover or back by the executors and witness to the Affidavit and lodged with the Court;
(b) The Original Death Certificate – to be sighted by the Court; and
(c) An Asset and Liability Statement of the Deceased’s estate, to be attached to the Affidavit.
We will prepare the necessary Motion, Affidavit of Executors and, if necessary, Renunciation of Executors who opt not to take the position as executor. If there are questions as to capacity or validity of execution and an “Affidavit of Due Execution of the Will” is required, we charge an additional $150 + GST.
Requisitions
There may be circumstances where the Court will require further information, particularly where there are questions over the capacity of the Deceased or whether the Will is valid or later revoked.
Laird Lawyers are highly experienced in these applications and identify all potential issues to be dealt with in the initial application. For this reason, we do not charge for preparing supplementary affidavits to answer requisitions.
Our Services
Perth Probate Lawyer FAQ
Perth Probate Lawyer specialises in a variety of Will disputes, including challenges to the validity of a Will, disagreements over asset distribution, and allegations of undue influence or fraud.
Perth Probate Lawyer provides comprehensive support by:
- Offering expert legal representation and developing tailored legal strategies.
- Handling negotiations and mediations to resolve disputes efficiently.
- Representing clients in court if necessary.
- Providing compassionate guidance to manage the emotional aspects of the dispute.
Legal support is crucial because it ensures that your rights are protected, the intentions of the deceased are respected, and the complexities of the legal system are navigated effectively. Perth Probate Lawyer helps to achieve a fair resolution while addressing both legal and emotional challenges.