Providing Premium Advice In Relation To Probate And Letters Of Administration
The Supreme Court of Western Australia deals with all matters relating to Wills and the administration of deceased estates. It does so by making one of the following grants:
- Letters of Administration with the Will annexed
- Letters of Administration
Probate is usually granted to an Executor nominated by a deceased person in their Will.
Letters of Administration with the Will annexed are normally granted to an appropriate person (who will usually be a beneficiary of the deceased’s estate) where a deceased person has not nominated an Executor in their Will, or the nominated Executor is unable or unwilling to apply for a grant of probate.
Letters of Administration are normally granted to an appropriate person (who will usually be a beneficiary of the deceased’s estate) where a deceased person has died without leaving a valid Will.
An application must be made to the Supreme Court to obtain a grant. Banks, financial institutions and government agencies may refuse to allow any dealings with the deceased persons assets until the Supreme Court has made a grant in favour of an Executor or an Administrator.