Podcast : Non-Contentious Probate Rules 1967

Non Contentious Probate Rules 1967

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When can I apply for a grant of probate or administration?

You can apply for a grant after 14 days have passed since the death of the deceased. Applications are made by motion ex parte to the Registrar in Chambers, and all supporting documents must be filed with the Registry. (See Rule 6)

Can I apply for a grant myself or do I need a solicitor?

Applications can be made through a solicitor or personally by an executor or someone entitled to administration. However, if an application was initially made through a solicitor, it cannot be treated as a personal application later without permission from a Judge or Registrar. (See Rule 6 & 7)

What information is needed when applying for probate?

An application for probate requires an affidavit stating:

• Your relationship to the deceased.
• Details about the deceased (marital status, date and place of death).
• Details about the will (date of execution, existence of codicils, witnesses).
• Confirmation that the will is the most recent and wasn't revoked.
• Confirmation of the deceased's assets in Western Australia.
• Your commitment to administering the estate according to law.
• Confirmation that this is the first application for probate or administration (or details of any previous applications).

(See Rule 8)

What if the deceased died without a will?

If the deceased died intestate (without a will), you would apply for administration of the estate. Your affidavit needs to include additional information about:

• Your search for a will.
• The gross value of the estate in Western Australia (if you are an individual applicant).
• Your entitlement to administer the estate and any others who have prior or equal entitlement.
• Details of the beneficiaries (names, addresses, ages, adoption status).
• Facts supporting your entitlement to administer and the beneficiaries' entitlement to distribution.

(See Rule 9)

What happens if I find a document that looks like a will but might be invalid?

Any document appearing to be of a testamentary nature but potentially invalid (except due to revocation) must be submitted to the Registry with your application. The Registrar may make exceptions in certain situations. (See Rule 13)

What if I'm concerned about the validity of the will's execution?

The Registrar will investigate if there are concerns about the will's execution, especially if the attestation clause is missing, insufficient, or raises doubts. You may need to provide an affidavit from a witness or someone present during the signing, or other evidence supporting the will's validity. (See Rule 15)

What are the requirements for a will to be considered "privileged"?

A "privileged" will refers to those covered under Part VI of the Wills Act 1970. The Registrar may admit such a will to probate if there's strong evidence it was signed by the deceased or, if unsigned, is entirely in their handwriting. (See Rule 21)

What if I want to object to an executor's or administrator's accounts?

You have the right to object to the accounts. To do so, you must file a notice of your intention to object with the Registry before the accounts are reviewed. This notice must be accompanied by an affidavit detailing your interest in the estate and the reasons for your objection. (See Rule 37)