Department of the Attorney General

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Department of the Attorney General
Law Compass

Wills and estate administration

A Will is a legal document detailing how your assets will be distributed after your death. A will must appoint an executor and can also be used to create on-going trusts and appoint guardians for minor children.

Making a will

A carefully considered and professionally drawn will can avoid confusion, uncertainty, legal difficulties and disappointed beneficiaries. The Public Trustee can draft wills that nominate the Public Trustee as executor, and wills that nominate a private executor.

Trust management

Some people are unable to properly make the important decisions that life often demands. Without help, these vulnerable people can end up making incorrect or poor decisions, which could result in substantial financial losses

Contesting a will

Children, a spouse, parents and de facto partners may be entitled to claim under the Inheritance Act for greater provision out of an estate. In some cases, grandchildren, former spouses and former de facto partners are also entitled to claim.

The role of the executor

When making a will, choosing the right executor is an important decision. The duties expected of an executor can be difficult, demanding and time consuming. The Public Trustee's executor Assist service is available to help private executors, or the Public Trustee can be appointed as the executor in your will.

Probate

Probate is the process of proving and registering in the Supreme Court the last will of a deceased person.

Deceased estate administration

With specialist solicitors, accountants and highly experienced deceased estate administrators on staff, the Public Trustee is able to offer a complete and efficient estate administration service at a reasonable cost.

Enduring power of attorney

An enduring power of attorney is a legal document in which one person gives another person the legal authority to make financial and legal decisions on their behalf. An enduring power of attorney can only be made by a person while they are still capable of making legal and financial decisions for themselves.

Storing a will

The Public Trustee's WA Will Bank is a community service that keeps Wills safe from loss, theft or damage. Original wills are stored in a purpose-built, fire-proof vault and copies are electronically stored for added security. You can store your own will in the WA Will Bank for free.

Supporting private administrators

The Public Trustee's Private Executor Support team provides support and advice to private administrators as well as examines the accounts prepared by them.

Probate Online Application

This online application allows executors to apply for a simple non-contentious grant of probate.