Resources

Curated list of links to useful resources, publications and texts.


Legislation and other legal implements

Administration Act 1903
(legislation.wa.gov.au) current in-force and previous versions.

The act consolidates the legal provisions relating to probate and administration of the estates of deceased persons and outlines the duties and responsibilities of executors and administrators in managing and distributing the assets of the deceased's estate.

Family Provision Act 1972
(legislation.wa.gov.au)
current in-force and previous versions.
This act is intended to ensure that the family and dependants of the deceased are adequately provided for, covering maintenance and support from the assets of the deceased's estate.

Non-contentious Probate Rules 1967
(legislation.wa.gov.au)
Implementation of the Administration Act 1903 for non-contentious probate (left a will and no challenges to its validity or terms), setting out more procedural requirements whilst in some sections or rules, refining the definition and application of the provisions under the act.

Government bodies and departments

Supreme Court of Western Australia
https://www.supremecourt.wa.gov.au/

Office of the Public Trustee
https://www.wa.gov.au/organisation/department-of-justice/public-trustee

Legal advice
Determinations (Scales): Legal Profession (Non-Contentious Probate Costs) - Legal Costs Committee
These determinations have been published from the source document created by the Legal Costs Committee and provided to the State Law Publisher for publication in the Government Gazette.

Prescribed fees and costs associated with probate and administration cases

A simple guide to Probate in Australia in 2023
Everything you need to know about Probate in Australia without the legal jargon. We’ve got you covered with step-by-step guides and expert information.

A good factual summary of the requirements for filing for probate, set out by state.

Factsheets and other guidance

https://www.fremantle.wa.gov.au/sites/default/files/Wills%20Probate%20and%20Letters%20of%20Administration.pdf