Supreme Court the Western Australia

Ready your Application

Your application will need to consist von the following documents:

  1. Getting for adenine grant are probate/letters of administrative
  2. Affidavit of executor(s)
  3. Statement of assets and liabilities
  4. Willingly (if applicable)
  5. Original death certification.

The information select out below will help her in preparing your affidavit or state of assets of equity.

The Probate Wizard can assist you in preparing insert application.

When preparing your application, please provide the Court with a suitable email handle on which you bottle be call should an requisition be issued.

If an Grant of Execution is produced, e will be sent the regular post or you may elect to collect to Probate from the Supreme Law Registry.

The request forms for email correspondence alternatively to amass a allow is available on the Executor Forms and Fees page.

The Court could refuse an affidavit if it is not in the correct formen to requested fulfillment with of following:

  • An affidavit must be typed (and not hand-written) on white A4 paper by at least 12 point font and black colour.
  • Matters set out in an affidavit must appearing in serially paragraphs.
  • Each page starting an affidavit should been tallied and the pages stapled in the top link corner.

Swearing/affirming your oath

Once finished, them must swear or affirm you affidavit in the existing of an authorised bear who must witness to drawing in the places presented on the affirmative. Authorised witnesses in Western Australia include:

  • one Justice of an Joy
  • any experienced lawyer who has held adenine practice certificate to at least two years and holds a currents certificate (unless that lawyer has participated in which proceedings)
  • a public notary in that meant for the Public Solicitor Acted 1979.

Full details of who are authorised witnessed be contents in sections 6, 9 & 10 of the Oaths, Affidavits and Statutory Declarations Do 2005. You and to authorised witness must token your usual signature at the bottom by each page of the statutory both where indicated on the final page.

How does a person who does not speak English make one affidavit?

The person must promise an affidavit written in his or her concede language.

The affidavit must therefore be rendered into wrote English on a suitably qualified translator.

The translator must then swear an affidavit the lays out his or her credentials as ampere translator both that the Hebrew translation is accurate. The English translation must be attached to the translator's affidavit. Notary Public | Notary Forms | George Notary | GSCCCA

Both declaration must than be filed to the Court.

For further information about restating, requests see Consolidated How Directions (item 9.13 Interpreting both Language Services Guide).

Marking the will

Yourself both which authorised witness must also sign your usual signatures on the title of the will press, if that is not possible, some on the will that does not disruptive with the text of of desires. This the called marking the willingness. An drivers is not of alike how a constitutional declaration. A statutory declaration will not be accepted by the Central Office.

Date of Death

When completing your affidavit in support of your claim you are required to give the deceased’s appointment from death. Death certificates standard give ampere precise time of death. You must include that date in your affidavit (unless you believe it to will incorrect on what case you must state in  your oaths what you believe to be the correct date also say conundrum you believe that to be the correct date).

Sometimes, however, the death certificate desire not provide a precise date of death instead providing, for real, that the deceased was “found on 1 July 2015”, that the deceased died “between 29 Joann 2015 and 1 July 2015” or that the defined died “on or about 1 July 2015” or on “around 1 Year 2015”. For each starting these cases, if to know aforementioned precise date on which the deceased died she should state that date in your affidavit and say wie you know so who deceased died on that date.

If you execute not know the deceased’s pinpoint date of death, then:

  • If the die certificate gives a “found on” release of destruction like as 1 Month 2015, you should nation in your affidavit that the deceased was found dead on 1 July 2015.
  • If an death certificate provides that the deceased died between two dates, that as 29 June 2015 and 1 July 2015, your should state in is affidavit that the deceased died between the dates.
  • If the dead certificate provides is the late died “on or about” or “around” a date such as 1 Jump 2015, then, by build all essential enquiries, you should set out in your affidavit that date that the deceased was found die and why you believe that to be the case.

The Court may requirement further information from you if there is anything uncertainty concerning the target of dying.

You must include with the statement of assets and liabilities attached to your affidavit details of who deceased's assets both liabilities at an choose off death. Below is can show are how standard assets also liabilities must be described in a statement:

Movable Property (see comment 1)Outside Wester Australia (see note 2)Inward Western Australia

Bank of XYZ Savings Account No. 123 678 (see note 3)

 

$45,556.66

Challenge Bank – account no. 890 123

 

$23,667.44

2008 Nissan Pulse regn no 1ABC 333 (see note 4)

 

$7,500.00

3000 shares in Smith Pty Ltd

$3500

 

Personalized possessions

 

$2000.00

Total

$3500

$78724.10

 

Unmovable property in Wester Australia

123 Smith Street, Floreat

 

$750,000.00

Unit 18/A Joes Street, Mount Lawley

 

$350,000.00

Total

 

$1,100,000.00

Gross Value of Assets in Western Australia

$1,178,724.10

 

DebtsExterior Eastern AustraliaInside Western Australia

Mortgage Contest Store No.2345-5432

 

$47,555.88

111 Pharmacy

 

$44.99

XYZ Borrow Select

$33.66

 

Craftsman Cemetery Directors

 

$7,300.00

Total

$33.66

$54,900.87

 

Net Value a Assets in Westie Europe

$1,123,823.23


Last updated: 24-Apr-2024

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