Deceased estate and probate law

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Deceased Estates Blog

Western Australian Law as at date of publication



What is a grant of probate or letters of administration in WA?


A grant of probate or letters of administration issued by the Supreme Court of Western Australia is a document that provides proof that a legal personal representative has authority in relation to an estate and where a will is annexed to it, proof of the terms of the will.

In some circumstances an estate may be administered pursuant to the terms of a will without a grant being made. Relevant considerations when considering whether to obtain a grant include the requirements of third parties to release assets of the estate and whether the executor seeks the added protection/certainty that results from a grant being made.

In exercising its jurisdiction to make grants the main functions of the court are to ascertain and determine what “document/s” are to be regarded as the deceased’s last valid will, who is entitled to be construed as the testator’s legal personal representative/s and that the legislative requirements of a grant have been met.

Valid as at 23/9/14


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