Probate & Deceased Estates
Leading Fremantle Probate Lawyers
Simplifying an otherwise complicated and time consuming process
At Frichot Lawyers, we provide quality, holistic advice and representation on all matters relating to probate, administration of deceased estates, and estate litigation.
We assist clients with applications for a Grant of Probate or Letters of Administration, and in respect to the administration and distribution of an estate. We also act in relation to contested Wills and estates, for executors, for beneficiaries defending their position, and for parties challenging an unfair Will.
Probate and Letters of Administration
At Frichot Lawyers, we have decades of experience in all aspects of estate administration. If you are an executor and need general advice or assistance in relation to particular aspects of administering an estate that you are responsible for, we can help. Or, if you believe you are not in a position to fulfil your responsibilities as executor, we can manage the entire process of administering the estate for you.
We can also prepare and file your application for Probate (or Letters of Administration where applicable). Our Probate services include:
• Obtaining all requisite information from you and preparing your application, together with any relevant consent forms
• Arranging for signing the application
• Filing the application at the Registry of the Supreme Court of Western Australia
• Providing you with the Grant once it has been received
If you need help administering an estate, call us today to see what we can do for you
What is probate?
Probate refers to the process of proving and registering the last Will of a deceased person in the Supreme Court. When a person dies, somebody (usually the executor), must administer the estate, managing the disposal of assets and debts under the Will. Authority to commence this process is obtained via a ‘Grant of Probate’, a document that proves the executor is authorised to administer the Will prior to the assets being released.
To obtain a Grant of Probate, the named executor must apply to the Probate Office of the Supreme Court. If the application is approved, the executor is given a Grant of Probate confirming that the author of the Will has died, that the Will is authentic, and that the executor is who they say they are.
An executor can be an individual, in many cases a close family member such as a daughter or a son, or a trustee company like the Public Trustee. Once a Grant of Probate has been given, management of the deceased’s assets can safely be transferred to the executor.
All Grants of Probate are stored together with the corresponding Will at the Supreme Court. These are public documents. However, in circumstances where a deceased person does not have a Will, validation of their estate and benefactors is not done with a Grant of Probate. Instead, it is done with a similar document known as ‘Letters of Administration’. In these circumstances, the Probate Registry assesses applications in accordance with the Administration Act 1903.
Need to apply for a Grant of Probate? Call us today for expert advice
Inheritance Disputes – defending or disputing a Will
At Frichot Lawyers, we are highly skilled and experienced in managing the legal difficulties surrounding contested estates. This is a complex and rapidly evolving area of law, so it is crucial to have experience, knowledge and expertise on your side to implement the right strategies to maximise your prospects of a positive outcome.
Dealing with a Will dispute? Call us to find out what you can do
Traditionally, there was a reluctance on the part of the court to alter the terms of a Will, because the intention of the testator was considered paramount. In contemporary times, however, this has become a less rigid area of the law, with courts in some cases taking a more flexible approach to contested matters. Legislative changes have also altered the legal landscape, in particular for step children, in response to changing ideals and evolving family circumstances and compositions.
At Frichot Lawyers, our role is to help you to achieve a just result when someone dies so that you can start the process of moving forward. We act for clients who have been wrongfully excluded from Wills, for beneficiaries seeking to safeguard their inheritance from wrongful claims, and for executors in all contested claims.
How we can help you:
- Provide advice on who is able to contest, and the available grounds
- Advise on the right grounds and best strategy for contesting the Will
- Ensure that you are clearly informed on the process
- Provide a clear and practical explanation on potential outcomes
- Provide guidance, advice and representation in all aspects of the claim
Ready to get started?
Meet our probate team
Natale Ricciardi
Director
May Kang
Senior Associate
Danielle Barker
Lawyer
Kirsty Goldsmith
Legal Secretary
About
Frichot is Fremantle’s leading and longest operating law firm, delivering agile, commercially-minded solutions to complex problems.
At Frichot, we are resolute about results. Everything we do, from selecting our team, to refining processes and our unique approach to problem-solving, is
driven by our need for optimal results.
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