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Intestacy in Western Australia

Intestacy in WA: in Western Australia, if you die without leaving a valid will, your estate will be distributed in accordance with legislation, namely, the Administration Act 1903.  “Intestacy” is the term given to this situation, and the person who has died without leaving the will is known as an “intestate”.  In order to administer the deceased’s estate, an eligible person will need to apply for Letters of Administration.

A partial intestacy can occur even if you leave a valid Will.  This commonly happens when a person fails to dispose of the entirety of his or her estate under the Will.  Many people will write a Will contemplating only the assets they own as at the date they write the Will, without contemplating the potential for their estate to grow or change, and therefore be different as at the date of their death.  In these situations, the executor named in the Will may apply for Letters of Administration with the Will annexed.

Intestacy” is the term given when a person dies without leaving a valid Will.

After an application has been filed, the Probate Registry will consider the documentation and, if satisfied with it, will issue a Grant of Letters of Administration.  This is effectively an order of the Supreme Court which authorises the administrator to administer and distribute the estate in accordance with the law regarding intestacy in WA.

Author

Michelle Makela

Michelle Makela is one of our Legal Practice Directors and the National Practice Manager. She holds a Bachelor of Laws, a Bachelor of Science (Psychology) and a Master’s in Criminology. Michelle has had a varied career, working in commercial litigation, criminal law, family law and estate planning. Michelle joined Go To Court Lawyers in 2011. She now supervises a team of over 80 solicitors across Australia.

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