Estate Planning

GRANTS OF PROBATE & LETTERS OF ADMINISTRATION

Grant of Probate

When a person passes away, whomever is listed as the Executor of their estate must obtain the relevant licence to properly deal with their estate. This licence is known as a ‘Grant of Probate’ and is obtained through the Supreme Court.

The Supreme Court have extremely stringent and precise requirements for the application for the Grant of Probate, and therefore it is highly recommended that this application is prepared by a lawyer. This can often minimise or negate the need for requisitions to be requested by the Supreme Court, ensuring that the process is completed as quickly as possible.

If you are listed as the Executor in a Will, contact Affinitas Legal for tailored advice, and fixed fees for applications for a ‘Grant of Probate’. Our team of experienced Perth Lawyers will be able to guide you through the process.

Letters of Administration

If a person passes away without a valid Will, they are said to pass away intestate. Section 12A of the Administration Act 1903 will then govern how a person’s estate is to be distributed. This usually includes the spouse, or any children that the deceased may have had.

If you are a person entitled to benefit from a deceased estate, an application for Letters of Administration must be made to the Supreme Court of Western Australia. If there is more than one person who is entitled to apply for Letters of Administration, each person must provide letters of consent to the Supreme Court, before the Letters of Administration will be granted.

The Supreme Court have extremely stringent and precise requirements for the application for the Letters of Administration, and therefore it is highly recommended that this application is prepared by a lawyer. This can often minimise or negate the need for requisitions to be requested by the Supreme Court, ensuring that the process is completed as quickly as possible.

If you are entitled to benefit from the estate of a deceased person, contact Affinitas Legal for tailored advice, and fixed fees for applications for ‘Letters of Administration’. Our team of experienced Perth Lawyers will be able to guide you through the process.