Legal Project Management Plan & Checklist
Purpose of this Guide: Use this plan when the deceased left a valid will for an estate in Western Australia, but the named executor is unable or unwilling to act. This situation occurs if the executor has died, renounced their appointment, or is permanently incapacitated. The plan assists an eligible beneficiary in applying for Letters of Administration with the Will Annexed. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
(Probate Registry). All filings are submitted via the eCourts Portal. Verify current guidelines on the official .
The Process at a Glance: Confirm that the will is valid but no named executor is available. Identify the eligible applicant (usually the primary residuary beneficiary). Obtain formal renunciations or death certificates for the named executors. Publish the notice of intention on the portal stating the executor status. Wait the 14 clear days, draft the application, execute the administrator affidavit, and submit the portal application. Post the physical package including renunciations, and collect the sealed letters once issued. Verify current guidelines on the official WA Legislation. Access services via the WA Courts.
Key Legislation and Case Law: The process is governed by the Administration Act 1903 (WA) and the Non-Contentious Probate Rules 1967 (WA) including Rule 37. Notification protocols follow Consolidated Practice Direction (CPD) 9.1.4, requiring the CPD 9.1.4.1 Consent Form or CPD 9.1.4.2 Notice Form. Witnesses must be physical wet-ink signatories under the Oaths, Affidavits and Statutory Declarations Act 2005 (WA). Official information can be found at the WA Probate registry.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Wills & Estates: Uncontested Probate - Western Australia (Executor) - Administration with Will Annexed - WA (Executor Unavailable) matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for TRUSTS_ESTATES cases, outlining the standard REGULATORY process. Utilize these tracking templates to manage your legal cases efficiently.
Establish standing and clear executor block.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Publish compliant portal notice and start 14 clear day wait.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Lodge digital application and pay fee.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.