Ensuring your Estate needs are managed in accordance with your wishes.

Bringing clarity to your Estate Planning, Will or Probate application

WE ARE PROBATE HUB

Feel supported by a compassionate Probate law team

Preparing a Will or Estate planning can feel overwhelming. Luckily, you do not have to go through this alone. You have us right by your side.

Welcome to the Probate Hub. An initiative of Cornerstone Legal, we are led by an expert team of Probate, Wills and Estate solicitors right here in Perth. With a shared goal of simplifying the process and making exceptional legal counsel more accessible to everyone, we have created a unique “hub” that covers all deceased legal matters, before and after the passing of an individual.  

Whether you are amending your Will, navigating your Estate Planning, appointing your Enduring Power of Attorney or finding your way through the Estate of a loved one who has passed, you’ll feel a weight lifted off your shoulders knowing that someone is in your corner for these delicate matters.

We welcome you to speak to our team about Wills and Estate Planning while you or your loved ones are still here, or regarding Probate applications and dealing with the legalities and practicalities of administering Estates after losing a loved one.

Let’s take this step together. Have peace of mind in knowing that you are supported to make informed decisions for yourself and your family. 

OUR SERVICES

Our Probate lawyers are at your service

At The Probate Hub, our team offers a diverse range of services to assist with all deceased legal matters.

Probate

Our team can help provide legal counsel regarding Probate applications and dealing with the legalities and practicalities of administering Estates after losing a loved one.

Wills

A Will expresses a person’s intentions as to how their property and assets are to be distributed after their passing.  It also nominates an executor (or joint executors) who are to manage the deceased person’s property. Through a Will, you can leave specific gifts to particular beneficiaries, and you can also distribute more broadly by way of the residuary Estate. You can also appoint guardians of your children and arrange for testamentary trusts to be created upon your passing. 

A properly drafted Will is the best way to ensure that your wishes are carried out following your death, and can protect the interests of your nominated beneficiaries in the event of a challenge to your Will.  If your Estate is challenged, obtaining legal advice before finalising your Will is especially important.  In addition, marriage and divorce, including annulment, will invalidate a Will if it’s not forecast in the Will itself.  However, separation will not invalidate a Will.  

Letters of Administration / Grant of Probate

Should a person die without a Will, a Grant of Probate would be considered. It is commonly referred to as ‘intestate’.  If a person dies intestate, then an eligible person can make an application for what is known as ‘letters of administration’.  The Supreme Court of WA grants letters of administration after application by an eligible person, and it gives that person the power to lawfully deal with the Estate of the deceased. 

Similarly, if a person dies and has previously prepared a valid Will, then the person named as executor in the Will can apply for a Probate grant.  The Supreme Court of WA grants Probate to the named executor in the Will and it gives that person the power to lawfully deal with the Estate of the deceased.  It is important to remember, that generally speaking, even if you are the named executor of the Will, you do not have lawful authority to deal with the deceased’s assets without a Grant of Probate.  

Being an administrator of an Estate comes with a number of responsibilities which can come at a time when you are dealing with the loss of a loved one. When you are granted letters of administration or Probate, you are then under an obligation to administer the deceased person’s Estate in accordance with the law. We can help you through this process. 

Estate Administration

Estate administration is the process of administering the Estate of the deceased.  It involves winding up a person’s financial dealings after they pass away and then distributing that person’s property to the people that are named as beneficiaries in their Will.  If there is no Will, then the deceased person’s Estate is to be distributed in accordance with the provisions contained in Administration Act. 

Advanced Health Directive

Also known as a ‘living will’.  An advanced health directive enables you to make decisions now in relation to health care that you may or may not like to receive in the event that you become seriously ill and unable to communicate your preferences. For example, this includes decisions such as whether you consent or refuse consent to CPR, or whether you only consent to CPR in certain circumstances, such as if you are likely to make a full recovery.

Enduring Power of Attorney

An EPA is a legal document in which you (the donor) grant authority to another person (the attorney) to make financial and / or property related decisions on your behalf.  An EPA gives another person access to your bank accounts and other financial instruments and empowers them to authorise transactions on your behalf. 

An EPA can also be registered at Landgate, which will authorise the attorney to authorise transactions relating to any property you own, including to sell your property on your behalf.  Granting a power of attorney is an important document and can be particularly useful to ensure your financial affairs are adequately taken care of in the event that you are unable to conduct these transactions yourself, however it is important that you understand the extent of the powers being granted. 

Enduring Power of Guardianship

An EPG is a legal document that enables you to authorise a person, the Guardian, to make important personal, lifestyle and treatment decisions on your behalf in the event that you become incapable of making these decisions yourself.

These decisions include where you will live, what hospital you might go to, what medical treatment you will receive, and what care you will have.  These are all important decisions and it is always advisable to ensure any person appointed as your guardian understands your wishes and what is important to you.  You ought to ensure that the person you appoint as your guardian will be your best advocate in the event you become unable to make these decisions yourself. 

You deserve to have clarity with thorough sound guidance and legal representation. At Probate Hub, we take the time to understand your unique challenges and situation. Please get in touch with our team to discuss your individual matters.

OUR PACKAGES

Simplifying the process

To make the process simple and streamlined, we have created Probate packages that have been designed for your peace of mind.

Assisted Care Suite

We provide you with the tools and steps required to undertake the process yourself.  Our friendly team will ensure you’re equipped with all the necessary information and documentation to obtain a Grant of Probate or Letters of Administration, and will guide you through the process of submitting your application.

Complete Care Suite

Our solicitors will manage all your Probate needs – from preparing and lodging your application, to contacting relevant organisations such as banks on your behalf, conducting all relevant enquiries, providing you with comprehensive written advice, certifying copies of the Death Certificates and Grant of Probate / Letters of Administration, and guiding you through the process of administration of the Estate and, if required, attending to distribution of the assets.

FAQs

You asked, we answered 

Are you a little lost on what various legal terms mean, and where you should start?

We have answered your frequently asked questions within our FAQ section. If you have any questions about the process, our services or what steps you can take, please check out our FAQ page for more information.

CONTACT US

Get your legal affairs in order, with us by your side.

Let’s take the first step together. Get in touch with our team today.