PROBATE LAWYERS PERTH
LEGAL SERVICES
What is Probate?
So what is Probate?
A deceased person’s assets and liabilities are together referred to as their estate, for example the Estate of the late John Smith.

Fixed Pricing
Experience tells us that clients dislike the hourly rates regime which most lawyers still use, and prefer the certainty of fixed prices.
A Grant of Probate in Western Australia is an order by the Supreme Court of Western Australia giving an executor the authority to collect and deal with an Estate in accordance with the Will of the deceased person.
Most organisations, government bodies, and financial institutions will require a Grant of Probate before they release any asset information or funds to an executor.
A Grant of Probate can only be obtained in Western Australia if the deceased person leaves a Will nominating the person applying for Probate as the executor of their Will.
If the deceased person leaves a Will but the person applying for a grant is not the same as the person nominated as the executor in the Will, they should instead make an application to the Supreme Court of Western Australia for a Grant of Letters of Administration with the Will Annexed. The person applying will be required to explain in their application why the nominated executor is not applying for the grant and why they are instead the appropriate person for the grant to be made to.
If the deceased does not leave a Will an application must be made to the Supreme Court of Western Australia for a Grant of Letters of Administration. The person applying will be required to explain why they are the appropriate person for the grant.
For more information in relation to the Letter of Administration please click here.
WILLS & ESTATES LEAD
Leslie Buchbinder
Probate Legal Services
As Probate Lawyers BBV Legal have a team of experienced lawyers in Perth that deal with both grants of Probate and grants of letters of administration.
We also can offer assistance in complex and varied cases such as where:
- There is a technical issue as to the validity of the Will, for example it is not correctly witnessed;
- There are concerns as to whether the Will accurately reflects the final intentions of the Will maker, for example where the Will maker struggled with English and there is no translation clause in the Will;
- there are concerns as to whether the Will maker had capacity and fully understood that they were making the Will and its effect;
- there are multiple executors nominated in the Will, for example one of the nominated executors is unable or unwilling to apply or have a dispute about the application;
- the deceased person did not reside in Western Australia but owns assets here; and
- many other specific complex situations.