BUTLERS

In most cases, a Grant of Probate or Letters of Administration will be applied for in the appropriate Court of the State or Country where a deceased person was residing at the date of death. In Australia, the appropriate Court is the Supreme Court of each State or Territory. This is also, more than likely, the place where the majority of the deceased’s assets are located.

Generally, you will require a reseal where the deceased owned real estate in different states or held substantial funds in bank accounts, superannuation or shares, etc in a different jurisdiction.

We recommend contacting the relevant institutions to first determine whether a reseal is required to release or transfer the assets as individual institutions have different requirements.

You can obtain a reseal of a foreign Grant of Probate or Letters of Administration from the Supreme Court of Western Australia, provided the original grant is from any of Her Majesty’s dominions.

Her Majesty’s Dominions include Australia, New Zealand, Canada, United Kingdom, Papua New Guinea, amongst others.

Once the original grant has been resealed, it will have the same effect and operation in Western Australia as the original Grant

If the original grant is not from one of Her Majesty’s dominions, you will need to apply for a new Grant of Probate or Letters of Administration in Western Australia.

Please contact us if you require assistance applying for a reseal of a foreign Grant of Probate or Letters of Administration.

It can be very difficult when someone close to you dies, and the legal work that follows can be overwhelming.

We aim to alleviate the legal pain, by assisting you to obtain a Grant of Probate or Letters of Administration, whichever is appropriate.

A Grant of Probate or Letters of Administration allows the representative of the deceased person to deal with their Estate, either in accordance with the Will or the Administration Act 1903 (WA).

You might wonder, what is the difference between a Grant of Probate and a Grant of Letters of Administration, and when do I apply for one or the other?

A Grant of Probate is applied for when the deceased left a valid Will, and the Executor/s are willing and able to apply for a Grant of Probate from the Supreme Court.  

When a person dies without a Will, they are said to have died intestate. In most circumstances, a Grant of Letters of Administration will be required to administer the deceased’s estate.

If the deceased dies with a Will, the Executor appointed under that Will has the authority to administer the deceased’s estate.

Before administering the estate, the Executor must apply to the Supreme Court of Western Australia for a Grant of Probate. The Grant of Probate proves the validity of the Will and gives the Executor the legal authority to administer the Estate, in accordance with the Will.

You will likely require a Grant of Probate if the deceased owned assets at the date of death such as bank accounts, shares or real estate held solely in their name or as tenants in common with another person.

It may not be necessary to make an application for a Grant of Probate where:

• all of the deceased’s assets are jointly owned;
• the deceased’s only other assets were personal possessions;
• the deceased only left a motor vehicle, in which case, the Department of Transport can advise whether a Grant of Probate is required; or
• the deceased’s assets include bank accounts or shares, which fall under the threshold for requiring a Grant of Probate.

We recommend that you contact the institutions (ie. banks, superannuation funds etc) that hold the assets as to whether they require a Grant of Probate to release the particular assets.

The Supreme Court of Western Australia only has jurisdiction to issue a Grant of Probate if the deceased left assets in Western Australia at the date of death.

At Butlers, we can:

• Advise you in relation to applying for a Grant of Probate;
• Prepare the necessary documents on your behalf;
• Assist you with administering simple and complex Estates;
• Assist you in making inquiries relating to assets and liabilities of the Estate; and
• Correspond with beneficiaries of the Estate, on your behalf.

Please contact us if you require assistance with applying for a Grant of Probate

When a person dies without a Will, they are said to have died intestate. In most circumstances, a Grant of Letters of Administration will be required to administer the deceased’s estate.

It is necessary to identify who is entitled to inherit a share of the Estate under intestacy laws, as set out in section 14 of the Administration Act 1903. It is also necessary for the person applying for the Grant of Letters of Administration to obtain the written consent of the other persons entitled in the Estate.

In Western Australia, the estate of a person who dies intestate may be distributed amongst the deceased’s:

• spouse;
• children;
• grandchildren; and
• in some instances, parents, siblings or nieces and nephews, aunts and uncles, cousins.

In the rare circumstances that the deceased died leaving no surviving relatives as entitled under the laws of intestacy, the whole of the estate passes to the Crown by way of escheat.

Other instances where Letters of Administration may be required:

• a Will has been executed but does not appoint an Executor or the Executor is unable or unwilling to act;
• a Will has been executed, but does not dispose of the residue of the Estate;
• The Executor appointed in the Will lives outside of the jurisdiction;
• The Executor named in the Will is underage;
• The Executor named in the Will does not have capacity; or
• Where the Executor who obtained a Grant of Probate or Grant of Letters of Administration has died without finalising the administration of an estate.

Applying for a Grant of Letters of Administration can be substantially more complex than applying for a Grant of Probate and it is very often necessary to obtain legal advice with regards to the process.

At Butlers, we can:

• Advise you on your rights to apply for a Grant of Letters of Administration;
• Prepare the necessary documents on your behalf;
• Assist you with administering simple and complex Estates;
• Assist you in making inquiries relating to assets and liabilities of the Estate; and
• Correspond with beneficiaries of the Estate, on your behalf.

Please contact us if you require assistance with an application for a Grant of Letters of Administration.

There is the option of applying to the Court for a Grant of Letters of Administration.

The process of obtaining a Grant of Letters of Administration can be substantially more complex than obtaining a Grant of Probate, especially where the deceased dies without a Will, with a number of interested parties surviving him/her.

At Butlers, we can:

• Advise you on your rights to apply for a Grant of Probate and a Grant of Letters of Administration;

• Prepare the necessary documents on your behalf;

• Assist you with administering simple and complex Estates;

• Assist you in making inquiries relating to assets and liabilities of the Estate; and

• Correspond with beneficiaries of the Estate, on your behalf.

Contact us to discuss Letters of Administration further.