Perth’s Will, Probate & Power of Attorney Specialists
The Will Centre specialises in drafting and amending Wills, obtaining Grants of Probate and Powers of Attorney, and handling Inheritance Claims in WA.
What is Probate?
Probate is the certificate granted by a court to confirm that the Will of a deceased person has been proved and registered in the Supreme Court of Western Australia, and that a right to administer the deceased person’s effects has been granted to the executor proving the Will.
The first step in Probate is searching for the will of the deceased person and submitting it to court. A judge then makes a decision on the validity of the will and if it is the most recent and operative will. In many states, the validity of a will is considered null and void if the will is not updated after the testator has gotten married or remarried. If there is more than one will that is presented to the court, the judge uses any available evidence in order to determine which one is the most recent and therefore operative.
A request for a copy of a Will is actioned upon receipt of the request. The search is generally straightforward, if all information required to carry out the search is provided, including the Original Will and Death Certificate, your Motion, and Affidavit.
How The Will Centre can help
If you have been appointed executor of a Will, you may need to apply for a Grant of Probate. You are likely to require a Grant of Probate if the deceased held assets, such as bank accounts, shares, or real estate solely in their name, or held real estate as tenants in common with another party.
If the deceased held real estate or bank accounts jointly with a spouse, the title or account can be transferred to the surviving party by way of survivorship.
The Will Centre can assist with your application for a Grant of Probate. We help you to obtain all necessary documents as required by WA law to ensure your application is processed swiftly.
What if there is no Will?
If a loved one dies without leaving a Will, we can assist with applications to the Supreme Court of Western Australia to obtain a Grant of Probate for executors and Letters of Administration, which bestow rights of administration.
These procedures, as well as implementing joint tenancy, survivorship, and inheritance claims, are often essential to rightful distribution of assets.
For further information about obtaining a Grant of Probate, please contact us on (08) 9287 1855.