This Determination applies to the costs charged by lawyers, law clerks and paralegals in making an application to the Supreme Court of Western Australia for a Grant of Probate, or Letters of Administration in Common Form, or for the reseal of Grants or Letters made outside Western Australia.
This Determination does not apply to an application for a Grant of Probate in Solemn Form, which is covered by the Supreme Court and District Court (Contentious Business) Determination.
Each Determination is reviewed every 2 years and commences on 1 July of the year in which it is reviewed. It covers all work done after the commencement of the Determination. Work done before the commencement of a Determination is covered by the earlier Determination.
For example, if a lawyer makes an application for a grant of probate in May 2021, the 2019 Determination applies. If there is a requisition from the Supreme Court (a question asked about the application) and that is dealt with in July 2021, the 2021 Determination applies to that work.
This Determination does not apply where a client and their lawyer have entered into a written costs agreement under the Legal Profession Uniform Law Application Act 2022.
For additional information, refer to Part 3 'Application' of the Determination.
