Question 1

What is a Grant of Probate?

Accepted Answer

A Grant of Probate is a document issued by the Supreme Court of Western Australia confirming an executor’s authority to deal with the affairs of a deceased person.

It gives the executor authority to collect the assets and administer the estate according to the terms of the Will.

Question 2

What is Letters of Administration?

Accepted Answer

A Grant of Letters of Administration is a document issued by the Court authorising a person to administer the estate of person who died intestate (without leaving a valid Will).

The Grant authorises the person (known as the administrator) to administer the estate by collecting the assets, paying liabilities and distributing the estate in accordance with the laws of intestacy.

Question 3

Who can challenge a Will?

Accepted Answer

You may be able to challenge a Will if you have one of the following relationships with the testator:

 	married or de facto partner immediately before the testator’s death;
 	a former spouse or former de facto partner if you received or were entitled to receive maintenance from the testator;
 	a child;
 	a grandchild or step-child (in certain circumstances); and
 	a parent or step-parent.

Question 4

What is a reseal of a foreign grant?

Accepted Answer

A reseal of a foreign grant is a process whereby the Supreme Court of Western Australia recognises the validity of a grant of Probate or Letters of Administration issued in another jurisdiction. Once resealed, the original grant will have the same effect and same operation in Western Australia as the original grant.

Question 5

How do I sell real estate forming part of a deceased estate?

Accepted Answer

Before real estate can be sold it must first be transferred to the name of the executor or administrator of the estate.

There are three steps involved:

 	The executor or administrator must obtain a Grant of Probate or Letters of Administration from the Supreme Court of Western Australia. Landgate will not allow any property to be transferred without a Grant.
 	The property must be transferred to the estate, known as an Application by Personal Representative or a transmission application.
 	Finally, the property can be transferred to the beneficiary or, in the case of a sale, to the buyer.

Question 6

What is an interim administrator?

Accepted Answer

An interim administrator (also known as an administrator ad litem) is a person who is appointed to managing and safeguarding the interests of a deceased estate until a final executor or administrator is determined through probate proceedings.

Such administrators are usually empowered to deal with specific issues or assets which require immediate management. For example, insurance policies over real estate may need to be renewed; misappropriated assets may need to be recovered; or businesses may need to be wound up or sold. An interim administrator can also be appointed where it is alleged that the named executor has been engaged in wrongdoing and their conduct must be investigated.

Question 7

What is a survivorship application?

Accepted Answer

A survivorship application is an application to Landgate by a surviving joint tenant of property to remove the name of a deceased person from the certificate of title.

Question 8

What will the Court consider?

Accepted Answer

The Court will first consider whether the testator has made an adequate provision for you in your particular circumstances. This includes consideration of:

 	your financial position, level of education and age;
 	the provision made for you in the Will (if any);
 	the relationship the testator had with you and the other beneficiaries;
 	the value and nature of the estate;
 	any contribution you have made to the testator’s assets;
 	the needs of other family members; and
 	any conduct that you have engaged in that may disentitle you to a share of the estate.

If the Court finds that an adequate provision has not been made for you, it will effectively re-write the Will so that it reflects what a wise and just testator would have done.

Question 9

How long does it take to receive the Grant?

Accepted Answer

The Supreme Court of Western Australia will take 6 – 8 weeks to review your application and issue a Grant.

Question 10

Who can apply for Letters of Administration?

Accepted Answer

Any one or more of the adult beneficiaries of the estate (as set out in the Administration Act 1903 (WA)) can apply for a grant of Letters of Administration of an intestate estate.

The applicant must seek written consent from any adult beneficiary of the estate.

If there is no adult beneficiary who is able to apply, another person may be entitled. Book a consultation for advice about your specific circumstances.

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