Do I have to use the lawyer who prepared the will to obtain a Grant of Probate?

No.  If the lawyer is holding the deceased’s will in safe custody, another lawyer can obtain the will.

What if I cannot find the original will?

If you have made an extensive search for a will and not found one, you may apply for a Grant of Letters of Administration.  If you only have a photocopy of the will, you may be able to obtain a Grant of Probate.

What happens if the deceased married or divorced after signing the will?

Unless a will is made in contemplation of marriage, a will made prior to marriage is revoked.

A will is revoked if the deceased divorced or obtained a decree of nullity of his or her marriage after signing the will.

What if the will is damaged?

Under no circumstances should you attach a document to a will.  If a will shows any sign of damage or tampering the matter will need to be explained in the affidavit filed with the application for the Grant of Probate.  In certain situations, the Supreme Court may require an investigation into the matter.

What if some property is outside WA?

If the deceased owned property outside of WA, you may need to apply for a reseal of the Grant of Probate.  This is commonly the case when the deceased owed a share portfolio.

What happens if there is a problem with my application for a Grant of Probate?

You will receive a requisition letter from the Supreme Court of Western Australia seeking further information or documents.  It’s best to obtain legal advice when you receive a requisition to avoid further issues arising.

When does the court Grant probate?

The Supreme Court will only issue the Grant of Probate once it is satisfied that the will is the last will of the person who has died.  Provided that all matters are in order, an application may take up to 8 weeks be processed.

In certain circumstances, the Court may agree to process an application urgently.

Are the contents of a will private?

Once a will is filed in the Supreme Court it is retained by the Court in safe custody.  The document becomes a public document and anyone can view the will on payment of a fee.

Do you need further information or advice?

The expert Barristers and Solicitors at Robson Hayes Legal have many years of experience providing legal advice to Australians and non-residents concerning deceased estates and Grants of Probate.

If you need us to assist you with a Grant of Probate, then contact us by phone on (08) 6181 0790 or email us at contactus@probatewa.lawyer to make an appointment to meet with one of our expert Barristers and Solicitors for a free consultation.