Probate Perth experts in Probate
Making things a little clearer
Loss of a family member is often a time of sadness and legal paperwork. Now you can spend time on important things because we’ve simplified the process . Moreover, You can browse some of our common questions below for more.
What is a probate, anyway?
Probate is when you prove and register in the Supreme Court of Western Australia the last Will of someone who has passed away. The person named in the Will as the Executor usually handles this process.
You may have to make an application for Letters of Administration if there is no Will but the result is practically identical. The Probate Office issues an official document stamped with the seal of the Supreme Court. This “proves” that the person named in the Grant of Probate or Letters of Administration is authorized to deal with the estate.
Why is a Grant of Probate or Letters of Administration necessary?
An Executor needs to be able to obtain title to the Deceased’s property in order to collect and protect it for the good of the beneficiaries.
What if the Deceased has assets outside of WA?
You can only make an application for a Grant of Probate or Letters of Administration in the Supreme Court of Western Australia if there are assets in WA. You may need to ask for legal advice if you have money or property in different states of Australia, or abroad.
Are there any exceptions to Applications for Probate or Letters of Administration?
Yes — it’s not always necessary to make an application for probate or Letters of Administration if property is jointly owned. If the Deceased only held assets like bank accounts, it may not be needed to have a probate. Moreover , Most banks will release up to $50,000 without needing a grant. If the value of shares is considered to be a “small holding” no grant may be needed, but there may be a requirement to complete other documentation before the shares can be sold or transferred.
What happens if the Executor named in the Will has already died?
An application is made for Letters of Administration (with Will Annexed). This is also done where the named Executor renounces or has lost capacity. Usually , one of the adult beneficiaries of the Will applies instead of the named Executor.
What’s the role of Executors in funeral arrangements?
When someone passes away, one of the first things that usually happen is to contact a funeral home. Quite often, the named Executor is the spouse of the deceased and is in no fit emotional state to deal with funeral arrangements, so another relative or friend assumes this responsibility as a “stand-in Executor”.
However, Funeral Undertakers require someone to sign for funeral expenses so this may have repercussions . They call this person the “Executor” — but sometimes this is not the same as the Executor named in the Will. The Funeral Home also tells the cemetery that this person is the Executor. Moreover, If a disagreement arises it can happen that this “Executor’s” wishes are given preference by the Funeral Home.
Above all, The only legal Executor is the person named in the will and/or the person who is granted letters of probate.
How is a Grant of Probate or Letters of Administration obtained?
Obtaining a Grant of Probate or Letters of Administration is usually done in one of three ways:
- Corporate Executor (usually named in the Will).
- Executor instructing a Solicitor.
- Executor or beneficiary doing it themselves. Some family members may find it emotionally challenging. The Supreme Court has an online process that you can use to prepare the necessary documents (see www.justice.wa.gov.au/ProbateOnlineForms ).
If you’ve lodged an application at The Probate Office and there is a problem, you will receive a requisition from The Probate Office . Then, we can assist you in responding to that requisition.
It usually takes about 4 weeks for a Grant of Probate or Letters of Administration to issue from The Probate Office. Just remember that a Grant can’t applied for until at least 14 days after the death of the Deceased. If the Will provides that the named Executor must survive the deceased by 30 days. Then, that period must also expire before that executor can apply.
Obtaining Letters of Administration is more difficult than getting a Grant of Probate because you have to “clear off” any potential beneficiaries — you will almost certainly need legal advice. It is necessary to establish who is entitled in the particular circumstances to inherit the Deceased’s estate In Western Australia. In addition , You will also need to obtain the written consents of any person who is entitled in the estate. Thus, This can lead to disputes as to who should apply. To help avoid these difficulties, it is always recommended that people have a Will — especially those in blended families or a de facto relationship.