Have You Been Named as The Executor of a Will?
DECEASED ESTATES
We simplify Grant of Probate & Letters of Administration Applications
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Grant of
probate
- A valid Will exists
- Application by named executor
- Provides authority to manage the estate
- Fixed Fees
letters of administration
- No Will or invalid Will exists
- Application by a person entitled in distribution
- Court appointed to administrator estate
- Fixed Fees
Will
disputes
- Contesting the estate
- Challenging the validity of the Will
- Claiming distibution from the estate
- Applying to the court for directions
Assistance with an estate
- Managing the estate
- Distribution of the estate
- Liaising with beneficiaries & creditors
- Advising on Duties of the Executor
Advice on a Deceased Estate
- Applying for Survivorship
- Applying for Transmission
- Transfer of Property to Beneficiaries
- Tax and stamp duty implications
Is Your Own will Up To Date?
- Do you need to review your wills
- Simple Wills
- Estate Planning
- Testamentary Trusts
Emily Dalwood
A sincere thank you to Randika and team, who recently helped my husband and I prepare our Wills. As parents… Read more “Emily Dalwood”
Julie Britten
Our Thanks to Randika for help with estate planning . Excellent service
Linda Lombardi
Thank you Randika and Clairs Keeley for your help and advice with our estate planning. Randika was understanding of our… Read more “Linda Lombardi”
Andrew Boulton
During the rather stressful period following our father’s passing earlier this year, Randika helped us quickly obtain probate and was… Read more “Andrew Boulton”
S Samuelraj
After our first conversation with our lawyer Randika in relation to a complex estate matter had my wife and I… Read more “S Samuelraj”
Mark Kaminski
First rate service , second time using them for Wills, and Guardianship etc for parents & myself, could not ask… Read more “Mark Kaminski”
Graham Billson
I was tasked with settling my mother’s 20 year old estate, which was by no means either a straight forward… Read more “Graham Billson”
Clairs Keeley Probate and Letters of administration services
We take the stress and confusion out of dealing with the applications for Grants of Probate and Letters of Administration in a Deceased Estate
how to achieve a grant of probate in western australia
Losing a loved one is never easy, and dealing with legal processes during such a difficult time can be unnecessarily overwhelming.
A Grant of Probate is required to give the executor legal authority to manage and distribute the estate in accordance with the will.
Our team helps:
- Confirms the validity of the will through the Supreme Court of Western Australia
- Grants the executor legal authority to access and manage estate assets
- Enables the proper distribution of the estate to beneficiaries
The process involves applications to the Supreme Court of Western Australia with the right supporting documentation and can be complex and time-consuming.
Clairs Keeley Lawyers understands what you’re going through and is here to take the burden off your shoulders, handling the legal process so you can focus on your family.
DEAL WITH THE ESTATE CONFIDENTLY
We can help you with a clear guided process and straightforward support. Speak with the Clairs Keeley team today or complete the enquiry form.
letters of administration - how to successfully apply
When a loved one passes away without a valid will, the legal process can feel even more uncertain and stressful.
Letters of Administration is the court order that grants authority to an eligible person to manage and distribute the estate.
Key points.
- The deceased did not leave a valid will
- An eligible family member must apply to the court
- The Supreme Court of WA determines who can administer the estate
- Assets cannot be accessed until the grant is issued
- The estate is distributed according to legal rules of intestacy
Navigating this process with legal support simplifies the process and reduces stress, especially while grieving. Clairs Keeley Lawyers is here to guide you through every step, providing compassionate and professional support when you need it most.
WILL DISPUTES AND THE REASONS WHY
Losing a loved one is difficult enough without the added stress of a dispute over their will. Unfortunately, disagreements can arise when family members or beneficiaries feel the will does not reflect the true wishes of the deceased or that they have not been adequately provided for.
- The will was made under undue influence or pressure
- The deceased lacked mental capacity when the will was signed
- The will was not properly executed or witnessed
- A family member or dependant was left out or inadequately provided for
- There are concerns about fraud or forgery
- A more recent will has been discovered
- The terms of the will are ambiguous or unclear
Will disputes can be emotionally charged and legally complex, often putting strain on family relationships at an already difficult time. Whether you are contesting a will or defending one, it is important to have experienced legal support on your side.
Clairs Keeley Lawyers provides compassionate and knowledgeable guidance through the dispute process, working towards a resolution that protects your rights and honours the wishes of your loved one.
The Risks of Not Dealing With The Estate Diligently
When a loved one passes away, it can be tempting to delay dealing with the estate. However, failing to act promptly and diligently can lead to serious legal, financial, and personal consequences.
- Assets may lose value or become vulnerable to mismanagement
- Debts and liabilities can accumulate, reducing the estate’s value
- Beneficiaries may be left waiting indefinitely for their entitlements
- Executors or administrators may become personally liable for losses
- Property or investments may fall into disrepair or default
- Disputes among family members are more likely to escalate
- Court-imposed deadlines may be missed, complicating the process further
Acting promptly not only protects the value of the estate but also fulfils your legal obligations as an executor or administrator. Delays can result in unnecessary costs and added emotional strain for everyone involved.
Clairs Keeley Lawyers can help you stay on track, ensuring the estate is managed efficiently and in accordance with the law, so you can avoid these risks and give your family peace of mind.
ESTATE PROPERTY - HELP IN ADMINISTRATION WITH THE ESTATE
When a person dies owning property in Western Australia, it must be dealt with in accordance with the Will or the relevant legislation.
- Get advice early: Delays can sometimes create stamp duty or taxation complications.
- Joint Tenants: The property usually passes automatically to the surviving owner through the right of survivorship.
- No Grant required: A survivorship application may be used to remove the deceased’s name from the title.
- Sole Owner: The property forms part of the deceased estate and must be administered accordingly.
- Tenants in Common: The deceased’s share of the property becomes part of the estate.
- Transmission required: The property is typically transferred to the Executor or Administrator of the estate.
- Next step: The property may then be sold or transferred in accordance with the Will or the relevant legislation.
- Professional guidance: Legal advice helps ensure compliance and reduce potential tax risks.
We invite you to contact us if you are looking for clarity on the correct legal pathway.
Clairs Keeley Lawyers can assist you with these applications, helping ensure the property is managed efficiently, avoiding complications for the estate and ensuring everything is handled in accordance with the law.
ESTATE ADVICE: SEEKING ADVICE ON A DECEASED ESTATE?
Managing property within a deceased estate in Western Australia requires careful legal handling to ensure compliance and avoid unnecessary delays or financial consequences.
- Applying for Survivorship: Where property is held as Joint Tenants, ownership passes automatically to the surviving owner. An Application by Survivorship is lodged to remove the deceased from the title. Probate is generally not required.
- Applying for Transmission: If the property was solely owned or held as Tenants in Common, it forms part of the estate. A Transmission Application transfers the property into the name of the Executor or Administrator before it can be sold or distributed.
- Transfer to Beneficiaries: After transmission, the property may be transferred to beneficiaries in accordance with the Will or intestacy legislation, or sold and the proceeds distributed as required.
- Tax & Stamp Duty Implications: Capital gains tax and stamp duty consequences can arise depending on the circumstances of transfer or sale. Proper advice ensures obligations are met and risks are minimised.
Clairs Keeley assists Executors, Administrators and beneficiaries with survivorship and transmission applications, property transfers, and clear advice on tax and duty considerations. Our team ensures estate property is handled efficiently, lawfully, and with practical guidance at every stage.
Why Clients Choose Clairs Keeley
Selecting the right estate lawyers is an important decision. Clients trust Clairs Keeley because we combine legal precision with practical, easy-to-understand advice whilst supporting your family through a difficult time.
- We deal with intestate estates regularly — we understand the specific challenges that arise when there is no will, including priority disputes, blended family situations, and complex intestacy rules.
- Decades of experience — we know the Supreme Court of WA’s procedural requirements and how to avoid common pitfalls that cause delays.
- Clear, fixed-fee pricing — we quote upfront so you know what the application will cost before you commit, with no hidden fees.
- We explain everything in plain English — intestacy law can be confusing, and we make sure you understand who is entitled, what the process involves, and what to expect at each stage.
- We handle the entire application — from confirming eligibility and gathering documents to preparing affidavits and lodging with the court, we manage the process end to end.
- Compassionate, personal service — we know this is a difficult time, and we treat every client with care, patience, and respect.
- East Perth location — conveniently located at Ground Floor, 2 Brook Street, East Perth, with phone and video consultations also available.
Navigating and dealing with a deceased estate is at times overwhelming and confusing during a time of grief and stress. Our team listens carefully and provides recommendations designed to give you confidence in the process.
Most importantly, we focus on creating certainty so your family is supported when it matters most.
Common FAQs for Deceased Estates
What is the difference between a Grant of Probate and Letters of Administration?
Do I always need a Grant of Probate or Letters of Administration?
Who can apply for a Grant of Probate?
Who can apply for Letters of Administration?
How long does the process take?
What happens if someone contests the will?
What are the responsibilities of an executor or administrator?
What happens if the deceased had assets in more than one state or country?
How can Clairs Keeley Lawyers help?
Clairs Keeley Wills and Estate Planning Services
Here are some more of the ways we can help you with Wills & Estate Planning.
Our Expert Wills and Estate Lawyers
Randika Rajkumar
Randika Rajkumar has been a solicitor at Clairs Keeley Lawyers since 2023, practising in Wills, Estate Planning and Deceased Estates.
He holds a Bachelor of Laws from Murdoch University and is completing a Master of Applied Law specialising in Estate Planning and Business Law.
Randika advises clients on probate, Letters of Administration, trusts and business succession planning, with experience across both estate and commercial matters. As a trained collaborative lawyer, he focuses on achieving practical, legally sound outcomes while supporting families through complex and sensitive estate issues.
Relevant Practice Areas:
Deceased estates • Probate & Letters of Administration • Wills & estate planning • Trusts & business succession
Candice Jonker
Candice Jonker is a Senior Associate practising in Wills, Estate Planning and Deceased Estates.
Admitted in 2019, she holds a Bachelor of Laws and Bachelor of Business from Murdoch University and a Master of Laws specialising in Wills & Estates Planning and Estate Administration.
Candice advises executors and families on probate, Letters of Administration, testamentary trusts and complex estate matters, including business and trust structures. Her collaborative training supports practical, strategic resolution of estate matters while preserving family relationships.
Relevant Practice Areas:
Deceased estates • Probate & Letters of Administration • Wills & estate planning • Trusts & Business succession
Support When You’re Managing a Loved One’s Estate
Handling probate and estate responsibilities can feel overwhelming. Our Perth legal team can guide you through each step and ensure everything is done properly.