We act in all non-contentious estate matters. In most cases to administer a deceased Estate the relevant person has to apply to the Supreme Court of Western Australia for a Court Order. This is usually called a Probate Order or Letters of Administration.
Often obtaining a grant of probate is a non-contentious administrative process however there are strict rules which the Court require be followed.
Improperly completed applications will likely receive a requisition from the Court which can cause further delays in dealing with the Estate.
We act in:
We provide a range of services from assisting with obtaining information as to the assets of the deceased and investigating the same, to filing the application and then advising as to the settlement of the Estate and administering the Estate.
We provide a fixed fee services for non-contentious applications.
We provide top tier services and top tier experience at substantially better rates than those of our competitors and we provide fixed fee costs wherever possible for all of our matters.
Further information can be found here regarding our fixed fees.
When a person passes away with a Will, in most circumstances, the nominated executors must apply to the Supreme Court of Western Australia for Probate of the Will.
A Grant of Probate formally appoints the executor/s as the legal representative/s of the estate and gives them the authority to administer the estate.
A Probate Application must include a motion, an affidavit of the executor/s, the original death certificate, and a statement of the deceased’s assets and liabilities as at the date of their death.
The executor/s are unable to deal with any of the estate property until such time as they receive the Grant of Probate.
Executors are able to apply for Probate 14 days after death and should make their application within 3 months of death.
A Grant of Probate is not required in certain circumstances, including where the main asset is real property and was owned with another person as joint tenants, or the assets are minimal. If you are unsure of whether a Grant is required, you should seek the advice of an experienced solicitor.
Sometimes probate or estate disputes arise or matters become complicated by the terms of the will.
We act in all probate or estate dispute matters with a focus on reaching an agreed outcome. We approach these matters in a collaborative and sensitive way to try and help families to resolve issues without proceeding to Court.
We act in all Estate Litigation matters including:
