Probate and Letters of Administration

When a will maker dies, the executor generally has a duty to obtain a grant of probate before carrying out the terms of the will. Where a person dies without leaving a will, a grant of letters of administration will be required before the estate can be distributed.

As executor, the process of making an application for a grant of probate can be daunting. It often pays to get professional assistance in preparing the application, which will often result in eliminating delays in administering the estate.

At Eastwood Law, we are experienced in making applications for probate, in particular where there may exist a problem with the will.

We can also provide guidance for any executor or administrator as to the next steps in administering an estate.

We can assist with:

  • Obtaining a grant of probate
  • Obtaining a grant of letters of administration
  • Probate Registry requisitions
  • Obtaining a re-sealing of a foreign grant

Our Services

Eastwood Law has experience in acting in a range of jurisdictions in estate matters and related disputes, including the Supreme Court of Western Australia, the Court of Appeal (WA), the High Court of Australia and the State Administrative Tribunal.

We have advised and acted for clients based in other states of Australia as well as overseas.

Probate and Letters of Administration

When a person dies, the executor must usually obtain a grant of probate to execute the will. If no will exists, a grant of letters of administration is needed to distribute the estate.

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Challenging the Validity of a Will

You can challenge a will if you believe the maker lacked capacity or the will doesn’t reflect their true intentions. If successful, the Court may grant probate for a prior will.

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Executors Duties and Disputes

BBeing an executor is a significant responsibility, often requiring assistance to ensure the will is carried out and the estate is properly administered.

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Beneficiaries Concern Over Estate Administration

Beneficiaries can ensure they receive their entitlement by holding executors accountable, often through requests for the executor to “pass accounts” to the Court.

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Trust Disputes

Trusts are common in estate planning and family businesses. Understanding your rights as a beneficiary can often be confusing or challenging.

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Complex Estate Disputes

We handle estate disputes involving multiple issues, including will validity, constructive trust, and family provision claims, developing effective solutions for commercial outcomes.

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Why Choose Eastwood Law?

  • Boutique WA estate-litigation firm — we focus exclusively on contested estates, probate, family provision claims, will challenges and trust disputes.
  • Cameron Eastwood, Director — 20+ years of advising West Australian families through complex estate matters.
  • Supreme Court of WA + Court of Appeal experience — we appear at every level, including the High Court of Australia and the State Administrative Tribunal.
  • Trusted since 2005 — backed by hundreds of West Australian families who have walked through this with us.
  • Free 20-minute consultation — we will hear you out, give clear advice, and let you decide if we are the right fit.

Phone: (08) 9481 8460 · Office: Level 1, 26 Railway Road, Subiaco WA 6008

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Frequently Asked Questions

How long does probate take in Western Australia?
In WA, an uncontested grant of probate typically takes 4 to 8 weeks from filing the application with the Supreme Court of Western Australia, provided the will is straightforward and all required documents are in order. Complex estates, contested wills, or missing originals can extend this to several months.
Do I need a lawyer to apply for probate in WA?
You are not legally required to use a lawyer, but the application has strict procedural and evidentiary requirements. Mistakes commonly cause requisitions from the Probate Office that delay the grant by weeks. A lawyer ensures the application is filed correctly the first time and that the executor meets all duties to the beneficiaries.
What is the difference between probate and letters of administration?
Probate is granted when a deceased person leaves a valid will and the executor named in that will applies. Letters of administration are granted when a person dies without a valid will (intestate), or when no executor is willing or able to act. Both grants give the holder authority to deal with the estate.
How much does probate cost in WA?
Costs vary with estate size and complexity. Supreme Court filing fees are set by the State and depend on the gross value of the estate. Legal fees vary depending on whether the matter is straightforward or contested. We provide a clear written estimate at the outset and offer a free 20-minute consultation to scope the work.
Can probate be contested?
Yes. A grant of probate can be challenged on grounds of testamentary capacity, undue influence, fraud, or that the will is not the deceased’s last valid will. Contesting probate is time-sensitive, so prompt advice is critical.
What happens if there is no will (intestacy) in WA?
When a person dies intestate in WA, the Administration Act 1903 (WA) sets out who is entitled to apply for letters of administration and how the estate is distributed – usually in defined shares to surviving spouse, de-facto partner, children, parents and other relatives. The order can be unexpected and may not reflect the deceased’s wishes.

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