Probate Online
How does online document ordering work?
- Click on the icon for the type of document you wish to make. This will show you the fee payable for that document. All fees include GST.
- Clicking the icon will open a form in which you can enter the details we need to create the legal document.
- Please check that you have entered all your information correctly before clicking “Assemble”.
- Once you are happy that you have entered all your information correctly, click “Assemble”.
- You will then be taken to a payment gateway to enter credit card details to pay the fee.
- Once the fee is paid, your document will be assembled at the back-end and checked by a lawyer.
- When the lawyer has checked that the document is in order, it will be emailed to you with signing instructions.
- If you have any questions at any stage of the process, please submit them at the inquiry form available at this link.
- By using the service you agree that a lawyer-client relationship between Fortuna Legal Pty Ltd and you does not arise until you have paid the fee for your document. For clarity, a lawyer – client relationship does not arise by you asking, and us answering, a question about a document or anything related to online legal documents, if you have not paid the fee for the relevant document.
Requirements for Valid Probate Application?
Conditions for valid application for a Grant of Probate, using the forms on this website.
The Probate application form on this website is for an application for a Grant Of Probate for a person who died in Western Australia (the Deceased). If the Deceased also left real estate in another State, Territory and/or Country, they may also require a grant of probate in that place to deal with real estate in that state. (If the Deceased also left movable property or intangible property (for example, shares or a bank account) in another State/Territory, a WA Grant of Probate will be sufficient to deal with those assets).
The process cannot be completed entirely online. The executor will need to:
- Attend before a Justice of the Peace, with photo identification, to sign a document called an affidavit, which we will prepare and send you. The affidavit is a statement containing the information that makes up your application for the Grant of Probate, which the executor swears (or affirms) to be true before the Justice of the Peace. You also need to take the original of the deceased’s will with you to the justice of the peace, and sign it on the front cover; and
- Deliver the original of the Deceased’s will and the original of the affidavit sworn by the executor to our office.If the answer to a question below is not the “Required Answer” in the table below, you may still be able to apply for Probate of the Deceased’s will. If the required answer does not apply to any question in the table below, please contact us for further information and provide all relevant information and copies of any relevant documents.If the Deceased did not die in WA but left any real estate in WA, you will need a WA Grant of Probate to deal with their WA real estate, even if you will also need a Grant of Probate in another State or Territory.A standard fee for a Grant of Probate quoted on this website does not apply if the required answer does not apply to a question below.An answer to a question below not being the required answer are the main issues which could lead to your application for Probate being “non-standard” or not being possible. Other, unusual, circumstances could also have that effect. If we become aware of anything else which would make your application non-standard, we reserve the right to quote an additional fee.
| Question | Required answer |
If required answer does not apply |
| Did the Deceased die in Western Australia (regardless of where they ordinarily live)? |
Yes | You will need to apply for Probate in the State/Territory in which the Deceased died, but also see the next item. |
| Was the will executed properly? | Yes | “Executed properly” means the willmaker and each of two witnesses signed at the bottom of each page, signed on the last page and the witnesses clearly wrote in their full names, addresses and occupations under their signatures on that page. |
| Was the will witnessed by a beneficiary or the spouse of a beneficiary? |
No | The gift to that beneficiary may be invalid. |
| Does the Death Certificate state that the deceased had dementia, schizophrenia or other mental illness? |
No | It may be necessary for you to provide evidence that the Deceased understood the contents of their will. We can advise further on request. |
| Did the Deceased marry after the date of the will? | No | The will is void (subject to one exception stated in the footnote)1 |
| Did the Deceased divorce after | No | The will is void 2 |
| the date of the will? | ||
| Did the Deceased leave a codicil.3 |
No | Please send us a copy of the will and the codicil and we will advise further. |
| Do all the executors named in the will wish to apply for a grant of Probate? |
Yes | Only the executors who wish to apply can apply for Probate. This will require a non- standard application, however. |
| Has one or more of the executors died? | No | The executors who are still alive can apply for Probate. This will require a non-standard application, however. |
| Has one or more of the executors lost mental capacity? | No | The executors who have mental capacity apply for Probate. This will require a non-standard application, however. |
| Could a person challenge the will? | No | The main circumstances would be if they claim the Deceased lacked mental capacity when they made the will, or the person was left out of the will or only left an amount which they feel is inadequate. We will need to advise you about this. |
| Are there any staple holes, pinholes or other holes in, or paperclip or other clip marks on, the will? | No | It will be necessary to include information in the application to explain that no other document was attached to the will with the Deceased might have intended affect the contents of their will. |
| Is the Will ripped, scribbled on, written on, dirty, partly burnt, has one or more pages missing or in any way damaged or defaced |
No | We will need to see the original of the will (not just a scan) to advise you further. |
| Did the Deceased leave a later will? | No | If there is a later will but you consider it is invalid because the Deceased did not have full mental capacity when they made it, we can provide further advice. |
Note:
- If, however, the Will expressly states that it is made in contemplation of marriage to a specific person and the Deceased later married that The will is still invalid if the deceased made a Will in favour of their fiancée, without the will stating it was made in contemplation of marriage to that person, then the Deceased married that person.
- Where the deceased was in a de facto relationship but separated after they made their will, the will is still valid. Where the deceased was married and separated after they made their will but a divorce was not yet finalised, the will is still valid.
- A “codicil” is a document made by the Deceased after the date of their will which does not completely revoke their will, but adds to or changes it.
Someone Died with no Will – Letters of Administration?
Coming Soon..