Probate & Wills lawyer Perth

 

Probate is the legal process where the Supreme Court of Western Australia reviews a deceased person’s Will to ensure that it is in order and complies with the law. If the Will complies, the Court issues a Grant of Probate which empowers the executor named in the Will to administer the estate of the deceased according to the terms of the Will.

Until a Grant of Probate is issued, an executor usually has no power or authority to act. To obtain a Grant of Probate, the executor named in the Will must make an application to the Supreme Court of Western Australia. This application is made by lodging documentation with the Probate Registry.

If you are the executor of an estate, obtaining a grant of probate is the first step.  Once probate is granted by the Supreme Court of Western Australia, you will need to collect all assets and liabilities and then distribute the estate according to the deceased’s Will.  Homevisitwills can help guide you through this process.

If there is a Will, probate is the process by which the Will is proved, by the Court, to be valid.

In order for an executor(s) to get authority to administer a deceased person’s estate, they usually need to obtain a document called a “Grant of Probate”.  This document is the proof that your executor(s) are authorised to administer your Will.  To obtain a Grant of Probate the executor(s) must apply to the Supreme Court of Western Australia.

Once you have determined that you need to apply for a grant of probate, you may instruct a lawyer to prepare and file an application for a grant of Probate.  Lawyers at Homevisitwills can assist with applications to obtain a Grant of Probate.  Homevisitwills have fixed price fees, which will be discussed with you when we meet, therefore you will have certainty about the costs.

Please contact us on team@homevisitwills.com.au or 1300 870 900  for a no obligation friendly chat about our probate service in Perth and how we can assist you to make the process as simple as possible.

Letters of Administration

If someone dies without a Will an application will need to be made to the Supreme Court of Western Australia for Letters of Administration.

The Letters of Administration can then be granted by the Supreme Court to an appropriate person (usually a beneficiary of the estate).  That person(s) can then administer the deceased estate according to the Administration Act (1903).

For further information about this please contact us for a friendly, no obligation chat about the process and our fixed price fees.

If the answer to any of the following questions is “YES”, a grant of probate may be required before you can wind up a deceased estate:

Did the deceased hold (at death):

  • Assets (eg bank accounts, shares, real estate) solely in their name with total value more than $10,000?
  • Real estate as tenants in common with another party?
  • A superannuation benefit that was NOT the subject of a binding nomination?
  • A share portfolio solely in their name?

If the deceased held real estate as joint tenants (eg with a spouse), the title can be transferred by way of survivor-ship. 

Jointly held bank accounts will normally be transferred to the surviving party on production of a death certificate to the bank by the surviving party. 

Fixed Fee Probate Package

Our Probate services are Fixed Fee, meaning there are no hidden charges.  Our Probate services package includes:

  • Application for Probate for Executor named in the Will
  • Signing and witnessing application for Probate
  • Court filing
  • Court filing fees
  • Appointment with our specialist Probate lawyer for advice on how to administer the estate
  • Personalised guide on steps to take in administering the estate 

If you’re looking to obtain probate on your own, Homevisitwills can help along the way with any complex situations that may arise.

When you contact us, we will discuss your requirements with you and then offer you a ‘Fixed Fee’ for the work that is required so that you know where you stand.  As well as our Fixed Fee  promise, we are also happy to provide some information that will help you if you are going it alone.

Complete the form for more information or email us on team@homevisitwills.com.au or call us on 1300 870 900 if you need assistance with Probate.

REQUEST PRICING INFORMATION 

Homevisitwills can help you with Probate if you need to manage a deceased estate. We provide a professional service with a lawyer specialising in Probate & Wills.  Fixed fee services – no hidden fees.

Fill in the enquiry form above for more information, or email or call us today.

Probate services and advice provided by lawyers employed by Homevisitwills WA Pty Ltd, ABN 87631085731, an incorporated legal practice.