Can I get a grant if the Will wasn't signed properly?

Possibly. The Supreme Court of Western Australia can accept a document that doesn’t meet the usual signing and witnessing requirements if it’s satisfied the deceased intended it to be their Will. That takes evidence about how the document came to be made and it is decided case by case.

The original Will is missing. Can I still apply?

Yes, if you can satisfy the Court the Will wasn’t destroyed by the Willmaker with the intention of revoking it. The application is to prove a copy. It needs evidence of the search you made and of the Willmaker still treating the Will as current.

What if someone says the deceased didn't have capacity?

A question about the Willmaker’s capacity has to be dealt with before the Court will make a grant. What that takes depends on who is raising it and what evidence exists. That makes it a consultation question rather than a form question.

What happens if a beneficiary is under 18?

The application still proceeds, but a person under 18 can’t give the consent an adult beneficiary would give and can’t receive their share directly. The Court will want to see how that share is to be held until they turn 18.

The executor died part way through. What now?

It depends on whether the executor had already obtained the Grant. If they had, the estate may pass to their own executor or a fresh application may be needed. If they hadn’t, the substitute executor named in the Will applies instead.

What does a complex application cost?

There’s no fixed price, because what the Court needs is different in every one of these applications. We start with a consultation, then quote you for the application before any work on it starts. The Court’s filing fee is charged separately.

Complex Probate Applications in WA | Perth Probate Centre

Every estate is different. We’re here for the tricky ones.

Not every estate follows a neat checklist or a standard form. Wills can go missing. Signatures can be wrong. Questions can arise about capacity or intent. Some estates don’t fit neatly into a box and that’s exactly where our probate expertise shines.

We help families navigate unusual or complex probate scenarios, such as:

informal or incorrectly signed Wills
missing or destroyed Wills
concerns around the deceased’s mental capacity
if the Will is vague or unclear
estates with minor beneficiaries or creditor claims
executors who’ve passed away mid-process

These cases may be legally complex, but we’ll break it down clearly and support you through every step. Start with a fixed price consultation with one of our probate lawyers.

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Start with advice on where the estate stands

You don’t need to have all the answers – just the right help to find them.

Consultation

$495

Some estates are simple. Others… not so much.

Maybe the Will is unsigned. Or missing. Maybe it was scribbled on a napkin, or there’s confusion over whether the person had capacity when it was made.

These aren’t everyday probate matters, but they are the kind we handle every day.

We take on the estates that don’t fit neatly into a box, helping families navigate informal Wills, vague clauses, creditor claims, and unexpected executor issues.

If your matter feels tricky, we’re ready. Meet with our probate lawyers to discuss what the Court will need in your case, what evidence has to be gathered and what the application will cost.

Book now