The Supreme Court deals with all matters involving wills and the administration of deceased estates. This includes appointing a person to deal with a deceased person's property following death. The Court does so by making the following grants
Probate, Letters of Administration with the Will Annexed and Letters of Administration are documents issued by the Court which are the official evidence of the executor’s or administrator's authority to deal with the deceased person's property. Banks and other financial institutions, Landgate, and share registries may refuse to allow any dealings in relation to a deceased person's property until the Court has made a grant.
An application must be made to the Court to obtain a grant. The type of application required will depend on whether the deceased left a valid will and if so, the terms of the will, or whether the deceased died without leaving a valid will. This can be a complex area of the law and applicants will often require the assistance of a lawyer.
The Court has prepared the attached FAQs to provide assistance to non-lawyers who are considering whether to make an application to the Court in relation to the estate of a deceased person. The FAQs cover the following areas:
It is strongly recommended that as a first step, you read the FAQs carefully. If there are matters that you do not understand or if your particular query is not covered in the FAQs, then you should seek legal advice. Please do not contact the Court or the Probate office for legal advice or to assist you with any application that you wish to make or that you have made.
Office of Births, Deaths and Marriages - www.bdm.dotag.wa.gov.au
Citizens Advice Bureau - www.cabwa.com.au
Landgate - www.landgate.wa.gov.a
For legal assistance or help to find a lawyer - www.lawsocietywa.asn.au
Community Legal Centres - www.communitylaw.net
Public Trustee - www.publictrustee.wa.gov.au
Last updated: 26-Aug-2014
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