At Joss Legal, we know from experience the difficulty that is presented when you lose a loved one. If someone close to you has recently passed, no matter your situation we can help. You may have been nominated as an executor of a Will and are not sure what steps you need to help. Our experienced solicitors can give you advice and an action plan to deal with this. You may not have been included in a Will and you may think you are entitled to some assets. Our
team can assist you with determining the rights that you have and assisting you with taking action if required.
Estate Law
We Can Help
Estate Law We Can Help
Probate
Following the death of an individual, a grant of probate may be required. Probate is a grant provided by the Supreme Court that allows an individual to administer the estate of a deceased person. If you have been named as an executor in a Will, or lost someone close to you, you may need to consider applying for a grant of probate. Our lawyers can assist you with all steps required to obtain a grant of Probate.
Letters of Administration
In a situation when an individual dies intestate (without a Will), or if the executors of the Will are unwilling or unable to act, Letters of Administration may be necessary. Applying for Letters of Administration is a complex process and it is recommended that you obtain legal advice if this is required. Our solicitors are qualified and experienced to assist you with obtaining a grant for Letters of Administration.
Estate Law Frequently Asked Questions
Q: What is probate and do I need it?
A: Probate is the court’s formal approval of a Will, confirming the executor’s authority to deal with the deceased’s assets. If someone has assets that are owned in their sole name, you may need Probate. You should get advice to confirm if it needed.
Q: What are Letters of Administration?
A: These are granted when someone dies without a valid Will, or without naming an executor. They give a family member, or other appropriate person the legal authority to administer the estate.
Q: How much does a probate application cost?
A: Our probate applications start from $2,000. There is a Court filing fee of $418 for filing a Probate Application.
Q: How long does probate take in WA?
A: The current turn around time with the Court is approximately 4 weeks.
Q: Can a Will be contested?
A: Yes, in certain circumstances — for example, if someone believes they haven’t been adequately provided for. We can give advice on a matter by matter basis as this depends on the size of the estate and the situation of the person that has not been adequately provided for.
Q: What should I do first after losing a loved one?
A: Take things one step at a time. We would recommend that you contact our offices to obtain some initial advice. We can give you advice and an action plan.