The Administration Act 1903 (WA) governs how deceased estates are administered in Western Australia. It sets out how an intestate estate is divided, who the Supreme Court can appoint if there’s no executor able to act, what an executor or administrator has to file with the Court after the grant and when a grant made somewhere else can be resealed here.
How the Act divides an estate if there’s no Will
The Act distributes an intestate estate between the deceased’s surviving family members according to a statutory formula. The formula depends on who survived the deceased and, where a spouse and children both survive, on the date of death, because the spouse’s statutory legacy has been increased over time and the figure that applies is the one in force when the person died.
See What are the rules of intestacy in Western Australia?
Who can be appointed administrator if there’s no Will?
The Court can grant administration to one or more of the beneficiaries of the estate. There’s no statutory order of priority in Western Australia to rely on, but the applicant will generally need signed consent from the other beneficiaries. See What is Letters of Administration?
What if there’s a Will but no executor who will act?
If a person dies leaving a Will but without having appointed an executor, or leaving a Will with an executor who is not willing and competent to take probate, another interested person can apply to the Court. The Court then makes a grant of administration with the Will annexed appointing another person to manage the estate. See Letters of Administration with the Will annexed
What do you have to file with the Court after the grant?
Section 43(1)(b) requires an executor or administrator to file an inventory of the estate of the deceased and pass his accounts relating thereto. In practice, the accounts are only passed at the request of the Court or of a beneficiary or other interested party.
Can a grant made outside Western Australia be used here?
Section 61 allows a grant made by any court of competent jurisdiction in any portion of His Majesty’s dominions to be sealed here and once sealed it has the like force, effect and operation in Western Australia as an original grant.
See our reseal of probate page.
Frequently asked questions
Does the Act apply to executors as well as administrators?
Yes. The grant is different, but the duties under section 43 to file an inventory and pass accounts apply to an executor holding probate and to an administrator holding Letters of Administration alike.
Can any overseas grant be resealed in Western Australia?
No. Only a grant made in His Majesty’s dominions, the expression section 61 uses, can be resealed here. A grant from outside that group requires a fresh Western Australian application instead.
We administer estates under the Act every day
We act for executors and administrators through the whole file, from the grant to collecting and distributing assets, preparing the accounts and final distributions.
Call us on (08) 9220 4490. See what’s involved on our estate administration service page.
Related: What is Letters of Administration?
This article is general information about the law in Western Australia and isn’t legal advice. Your circumstances may turn on facts this article doesn’t deal with, so please get advice on your own estate.
