| 34 |
| FILES - PROBATE |
| 1 Jan 1832 |
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| 1 Jan 1832 |
| 31 Dec 1947 |
Until 1832 there were no legal means of dealing with the estates of deceased persons in Western Australia. (The estates of those who died in the colony between 1829 and 1831 were administered in Britain, were settled informally, or were settled later). In 1832 jurisdiction for the administration of estate was vested in the newly established Civil Court of Western Australia and in 1861 the jurisdiction was transferred to the Supreme Court.
One of the most important statutes affecting the administration of estates was the English Wills Act, 1837, which was adopted by the colony in 1839 (2 Vic; No. 1). This Act which remained in force until it was repealed and re-enacted in 1970 - stipulated that all wills had to be made in writing and signed by the testator in the presence of two witnesses.
The records which constitute this series include original copies of wills, applications for Grants of Probate, copies of death certificates, statements of testators' assets and liabilities, and related documents.
The State Records Office progressively indexing probate files searchable through this database. To locate a file not yet indexed, researchers must first consult an index held by the State Records Office (Record Series Nos. 55, 64 or 1766).
It is possible that no Grant of Probate was issued. In cases where the assets were of little value or were held in joint names, no Grant of Probate is needed, therefore no Supreme Court record exists.
note: Copies of Grants of Probate (which record testators' date of death) and copies of wills (certified by the Court) are to be found in Record Series No. 56. These records may be consulted and copied without written permission of the Principal Registrar of the Supreme Court. Access to these records is via the card index, Record Series No. 55, or via the Nominal Index Record Series No. 64.
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Sorry no digital copy is available for this record series
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| Annual Single Number |
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| Microfilm copies of Cons 3403 (to 1925) are available in the State Records Office of Western Australia. See also microfilm copies of records from WAS 56 (Cons 3436) to 1949 and WAS 2059 (Cons 5564) for selected extracts from files post 1925 to 1933. |
| 75 year restricted access status applies |
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| 56 |
COPIES OF GRANTS OF PROBATE |
1 Jan 1832 ~ |
Detail |
| 2059 |
PROBATE RECORDS [SELECTED EXTRACTS ONLY] |
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| 55 |
INDEX TO PROBATE & ADMINISTRATION FILES |
1 Jan 1832 ~ 31 Dec 1939 |
Detail |
| 64 |
NOMINAL INDEX TO PROBATE & ADMINISTRATION RECORDS |
- | Detail |
| 1766 |
INDEX TO PROBATE AND ADMINISTRATION RECORDS |
1 Jan 1900 ~ |
Detail |
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| 44 |
SUPREME COURT OF WESTERN AUSTRALIA |
1 Jan 1861 ~ |
Detail |
| 101 |
CIVIL COURT OF WESTERN AUSTRALIA |
1 Jan 1832 ~ 31 Dec 1860 |
Detail |
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| 1832/001 |
William Gaze |
- | Detail |
| 1832/002 |
George French Johnson |
- | Detail |
| 1832/003 |
Richard Daniell |
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| 1832/004 |
Charles Heal |
- | Detail |
| 1833/007 |
Charles Churchman |
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| 1835/004 |
Joseph Moore |
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| 1835/005 |
Alexander Collie |
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| 1836/006 |
William Trimmer |
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| 1836/007 |
John Okey Davis |
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| 1838/008 |
Robert Greenslade Palmer |
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| 1838/009 |
Henry Wadge |
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| 1838/010 |
Henry Kellam |
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| 1838/011 |
John Prendergast Lyttleton |
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| 1839/012 |
John Hancock |
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| 1839/014 |
Sir Richard Spencer |
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