Legal Project Management Plan & Checklist
Purpose of this Guide: 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.
Jurisdiction: Supreme Court of Western Australia (Probate Registry). All corrective filings are lodged via the eCourts Portal.
The Process at a Glance: Identify the specific defects raised by the registrar's requisition notice. Gather supplementary evidence such as plight and condition affidavits for stapled wills, or attesting witness affidavits for execution issues. If the application is filed after 6 months from the date of death, draft the mandatory Affidavit of Delay. Have the client execute the corrective documents with wet-ink signatures, submit the digital files via the eCourts portal, and post physical originals where required.
Key Legislation and Case Law: The Supreme Court practice enforces an Affidavit of Delay for filings after 6 months. Physical defects in the testamentary paper (the staple trap) require an Affidavit of Plight and Condition under Rule 12 of the Non-Contentious Probate Rules 1967 (WA). Witnessing must satisfy Section 9 of the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). Requisition responses are filed via the eCourts Portal.
* 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 - Registry Requisitions and Delayed Applications - WA 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.
Analyze filing defects or delay threshold.
Prepare corrective evidence.
Lodge corrective response.
Clear registry requisitions and obtain grant.
Got a question about this plan?
Ask in the practitioner Discord - edge cases, rule changes, and jurisdiction-specific nuances, all in one place.