Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when a client has been named as an executor in a will for an estate in Western Australia, and there is no contest regarding the will or the executor appointment. This plan assists practitioners in obtaining a common form Grant of Probate from the Supreme Court of Western Australia. Open this plan immediately upon receiving the initial client instructions and taking custody of the original will.
Jurisdiction: Supreme Court of Western Australia (Probate Registry). Forks cover situations where the named executor is unavailable (Letters of Administration with the Will Annexed), when the deceased died without a will (Letters of Administration on Intestacy), and handling registry requisitions or delayed applications.
The Process at a Glance: Conduct initial intake and verify the identity of the executor. Compile a comprehensive inventory of the deceased's assets and liabilities. Publish the online notice of intention to apply on the court portal and wait the mandatory 14 clear days. Prepare the initiating motion, executor affidavit, and statement of assets and liabilities. Execute all documents via wet-ink signatures and mark the original will. Submit the application through the WA Courts portal, post the physical package to the registry, and retrieve the sealed grant. Complete post-grant trust operations, publish statutory notices, and distribute the assets.
Use this plan when the deceased left a valid will for an estate in Western Australia, but the named executor is unable or unwilling to act. This situation occurs if the executor has died, renounced their appointment, or is permanently incapacitated. The plan assists an eligible beneficiary in applying for Letters of Administration with the Will Annexed.
Use this plan when the Western Australian Probate Registry has issued a requisition on a pending application, or when the application has been delayed past 6 months from the date of death. This plan assists practitioners in preparing supplementary affidavits and explaining delays.
Use this plan when the deceased died without leaving a valid will in Western Australia, leaving an estate that must be administered. This plan assists the next of kin in applying for a Grant of Letters of Administration to manage and distribute the deceased's assets.
Key Legislation and Case Law: Governing legislation includes the Administration Act 1903 (WA) and the Non-Contentious Probate Rules 1967 (WA). Rule 8 dictates affidavit contents, and Rule 9B mandates the statement of assets and liabilities. The Wills Act 1970 (WA) section 14A(2) outlines the effect of divorce. Section 63 of the Trustees Act 1962 (WA) provides creditor protection following publication in the government gazette and local newspaper. The Oaths, Affidavits and Statutory Declarations Act 2005 (WA) section 9 governs physical witnessing. The standard filing fee is $408.00 effective 1 July 2025. Official guidance is available at the WA Probate website.
* 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 Uncontested Probate (Executor) - Western Australia 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.
Open matter file and secure primary testamentary instruments.
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Obtain formal date-of-death asset and debt valuations.
Draft initiating registry forms and affidavits.
Execute affidavits and mark the original Will.
Lodge application and dispatch physical documents to the registry.
Obtain the sealed Grant of Probate from the registry.
Obtain the sealed Grant of Probate from the registry.