Legal Project Management Plan & Checklist
Purpose of this Guide: Use this fork when there is a valid will but the named executor is unable or unwilling to act - for example, the executor has died, lacks capacity, renounced probate, or is an infant. In this situation, a different person (usually a beneficiary or the Public Trustee) applies for letters of administration with the will annexed, which grants them authority to administer the estate in accordance with the will's terms.
Jurisdiction: Supreme Court probate registry for the relevant state (NSW, VIC, or WA).
The Process at a Glance: Confirm the named executor's inability or unwillingness to act and document the reason. Identify the eligible applicant (usually the residuary beneficiary). Prepare the application with supporting evidence of the executor's disqualification and the applicant's entitlement. Lodge and pay the applicable filing fee. On grant, administer the estate in accordance with the will as if you were the named executor.
Key Legislation and Case Law: Applications for administration with the will annexed are governed by the Probate and Administration Act 1898 (NSW) s 40, Administration and Probate Act 1958 (VIC), and Administration Act 1903 (WA). The priority order for eligible applicants is set by the Supreme Court Probate Rules of each state. Renunciation by the named executor must be formal and is typically irrevocable once filed.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Probate (Executor) - Letters of Administration with the Will Annexed matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Verify the original Will, identify the executor's inability to act, and publish the online notice.
Draft Form 3-9A Originating Motion, Form 3-9D Affidavit, and Inventory.
Lodge the completed application via RedCrest.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.