Legal Project Management Plan & Checklist
Purpose of this Guide: Welcome to the specialised practitioner roadmap for Letters of Administration with the Will Annexed in Western Australia. Designed for estate lawyers, this guide covers the process when a Will exists but no executor is willing or able to act. Additional procedural resources can be found on the WA Government Portal and the Western Australia Legislation Registry.
Jurisdiction: This guide applies to applications filed in the Supreme Court of Western Australia (Probate Office, Level 11, David Malcolm Justice Centre), Australia. Verify current guidelines on the official .
Governing Legislation: Administration Act 1903 (WA), Non-Contentious Probate Rules 1967 (WA), Rules of the Supreme Court 1971 (WA), Trustees Act 1962 (WA).
The Process at a Glance: This application is used when a valid Will exists but the named executor has predeceased, renounced, lacks capacity, or is otherwise unable or unwilling to act. The applicant (typically a beneficiary or person with entitlement under the Administration Act 1903 (WA)) must obtain supporting evidence of the executor's inability (Deed of Renunciation, death certificate, or medical evidence), publish the online advertisement (14 clear days), publish creditor notices in a local newspaper and WA Government Gazette, draft Form 16 Motion and Form 17 Affidavit for Administration with Will Annexed, and file the application with the original Will annexed. Additional forms are accessible via the WA Government Portal.
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.
Verify the original Will, establish why the executor cannot act, obtain supporting evidence, and publish online notice.
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 creditor notices in local newspaper and WA Government Gazette, and conduct asset and liability searches.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.
Draft Form 16 Motion, Form 17 Affidavit, and Inventory, and execute all documents.
Coordinate the collection and review of all financial documentation required for disclosure, including statements, valuations, and supporting schedules as mandated by the rules.
Conduct a thorough review of all filed materials to ensure compliance with court requirements, verify service obligations have been met, and prepare for the next procedural milestone.