WA Applying as Executor for Deceased Estate in WA, reside in NSW

[NLV]

Hi, I have been appointed executor for a deceased estate in Western Australia, but reside interstate. I am in the process of applying for probate.

According to the 'Non-contentious Probate Rules 1967, it appears that i must have a service address in Western Australia and that i will require a guarantee as i am not a WA resident. Is this correct?

If I engage the services of a WA based lawyer, will this enable an application to be lodged without providing a guarantee and will this be sufficient for a service address? Do i need to have the lawyer manage the estate administration, or will i still be able to do this myself?

Thanks.

 

[Tracy B]

Hi NLV,

Whether you engage a lawyer to manage the administration on your behalf is your decision. You are able to do it yourself if you are willing and able. However, it may require you to travel to WA for matters.

The reason a guarantee is required is because you reside overseas and so you are required to provide some assurance that you are able to perform your duties as executor property. Even if you engage a WA lawyer, my understanding is that you may still need to provide the guarantee. Having a lawyer will not assure the estate and its beneficiaries. But it is a good idea to engage a WA lawyer to advise you on your responsibilities and duties as an executor so you understand exactly what your position entails and what you are required to do.

 

[NLV]

Thanks for your reply Tracy.

Are there any grounds for the guarantee to be waived? I am in NSW, regularly travel to Perth, and have immediate family (sibling, aunt/uncles, cousins) with a WA address. I am a professional amongst the occupations able to sign passport applications etc (just in case this proves I am of upstanding character!). In addition, I am a beneficiary of the estate as well as named executor.

 

[Tracy B]

Hi NLV,

After reading the Non-Contentious Rules, it appears you may not need to provide a guarantee as under section 26 of the Rules, only grants on behalf of minors require a guarantee. Usually, guarantees are required if it concerns a minor, an insurer or intestacy matters (where no will is left).

What reason does your lawyer give you for requiring a guarantee? If possible, can you ask your lawyer for a specific legislation and section?

In any event, even if a guarantee may be required, the Registrar will not impose this condition until they give you an opportunity to comment on the matter. So it is not required, but at the discretion of the Registrar when granting probate.