What is Grant of Probate?

A Grant of Probate is a document issued by the Supreme Court of Australia to confirm the authority of the Executor to deal with the affairs of a deceased person. It also protects the Executor from personal liability if they are unwittingly dealing with an invalid Will.

Many banks, other financial institutions and share registries won’t deal with an executor or administrator without a Grant of Probate.

How do I get probate?

An application must be made to the Court to obtain a Grant of Probate. The Will is scrutinised by the court to make sure it complies with all the legal requirements.The type of probate application needed will depend on whether the deceased left a valid will and, if so, the terms of the will; or whether the deceased died intestate (that is, without leaving a valid will). This can be a complex area of the law and Haynes Leeuwin can help you navigate your way through it.

Is probate always needed?

A couple (married or de facto) can avoid probate on the death of the first partner if care is taken in preparing the Will.

You will probably need a Grant of Probate if the estate includes;

• any real estate, except property owned by the deceased as a joint tenant
• money in any bank account (not jointly held) in excess of about $20,000 (less with certain institutions)
• certain life insurance and superannuation policies.

You don’t always need a Grant of Probate – but it is a good idea to get one if;

• you have doubts about the validity of the Will or the deceased’s mental capacity when the Will was signed
• there is any possibility of a dispute arising
• any person entitled to distribution of the estate is a minor.

Letters of Administration

You might hear other terms as well as Grant of Probate, depending on the situation.

Letters of Administration with the Will Annexed

Sometimes a person dies leaving a will that doesn’t name an executor. Sometimes there is a named executor, but that person is unable or unwilling to apply for a Grant of Probate. In these cases, the Court may grant Letters of Administration with the Will Annexed to an appropriate person, usually a beneficiary of the Will.

Letters of Administration

Where a person has died intestate (without leaving a valid Will) the Court may grant Letters of Administration to an appropriate person, usually a beneficiary under the Administration Act.

Are you the executor of a Will and need to get probate in Perth?

The first thing you need to know about a probate application in Perth is that you don’t have to worry about obtaining your Grant of Probate. Haynes Leeuwin can help you sort everything out as smoothly as possible.

You don’t need to go through the process of probate application alone. We can advise and help you to make sure probate is granted as quickly and easily as possible.

Click here to contact us with any questions you may have about obtaining probate in Perth.