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Probate

Probate

Call us on (08) 9443 5383
if you would like assistance

 

 

What is Probate?

Probate is a certificate granted by the Supreme Court to the effect that:

(a) the Will of a certain deceased person has been accepted as that deceased person's last Will;
(b) it has been registered in the Court; and
(c) authority to administer the deceased's estate has been granted to the person to whom the Probate has been granted (called the "Executor"), the Executor having previously sworn to duly administer the deceased's estate.

When is Probate Needed?

Probate is usually needed if the deceased's estate includes real estate, shares or a bank account holding substantial funds.

How is Probate Obtained?

An application for a Grant of Probate may be made to the Supreme Court at any time after 14 days from the death of the deceased and consists of:

(a) a motion paper to the Supreme Court seeking the Grant of Probate;
(b) an affidavit (sworn statement) by the Executor setting out various details relating to the deceased and the Will, including: the capacity of the Executor to make the application; details about marital status of the deceased; details of the witnesses to the Will;
(c) a comprehensive statement of assets and liabilities of the deceased, and
(d) a copy of the death certificate.

Extra information can be required if not all the persons named as executors in the Will apply for Probate, e.g. an affidavit renouncing the right to be an executor.

The affidavit must comply with the Non-contentious Probate Rules 1967 (WA), and all documents which are filed in the Court Probate Registry must comply with the requirements of the Rules of the Supreme Court 1971.

What if the Validity of the Will is Disputed?

If the validity of the Will is disputed, an application will need to be made to prove the Will in solemn form.

Do You Need Assistance Applying for Probate?

Our lawyers can assist with making an application for Probate and help take some of the stress out of the process.