Probate

The Will and Probate Centre specialises in drafting and amending Wills, obtaining Grants of Probate and Powers of Attorney, and handling Inheritance Claims.

What is Probate?

Probate is the certificate granted by a court of law to confirm that a Will of a deceased person has been proved and registered. In the case of anyone in Perth, this happens in the Supreme Court of Western Australia. The certificate proves a right to administer the deceased person’s effects has been granted to the executor proving the Will.

The first step in Probate is searching for the Will of the deceased person and submitting it to court. A judge then makes a decision on the validity of the Will and that it is the most recent and operative Will. In many States, the validity of a Will is considered null and void if the Will is not updated after the testator (person who made the Will) has got married or remarried. If more than one Will is presented to court, the judge uses any available evidence in order to determine which one is the most recent and, therefore, operative.

A request for a copy of a Will is actioned upon receipt of the request. The search is generally straightforward as long as all information required to carry out the search is provided; this includes the original Will, death certificate, your Motion and Affidavit.

How can The Will and Probate Centre help?

As the executor of the Will, you may need to apply for a Grant of Probate; this is likely if the deceased held assets (such as bank accounts, shares or real estate) solely in their name or held real estate as tenants in common with another party.

If the deceased held real estate or bank accounts jointly with a spouse, the title or account can be transferred to the surviving party by way of survivorship.

The Will and Probate Centre can assist with your application for a Grant of Probate. We help you to obtain all necessary documents as required by WA law to ensure your application is processed swiftly.

What if there is no Will?

We can assist with applications to the Supreme Court of Western Australia to obtain a Grant of Probate for executors and Letters of Administration, which bestow rights of administration.

For further information about Letters of Administration, please contact us on (08) 9287 1855.

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