Power of Attorney After Death in WA: What Happens When the Donor Dies
The EPA Ends Instantly at Death
Under Western Australian law, an Enduring Power of Attorney ceases to have any legal effect the moment the donor dies. So does an Enduring Power of Guardianship. There's no grace period, no winding-down phase, and no authority to "finish up" outstanding transactions.
Any attempt to use a deceased person's EPA — withdrawing money from their bank, signing a contract, managing their property — is legally invalid and exposes the former attorney to personal liability. Stop and notify the bank rather than trying to finish an outstanding transaction.
The Shift from Attorney to Executor
The person who managed the donor's finances under the EPA is not automatically the person who manages the estate after death. That role belongs to:
- The executor, if the deceased left a valid Will naming one
- An administrator, appointed by the Supreme Court if there's no Will (intestate)
In many families, the same person served as EPA attorney and is named as executor in the Will. But the legal basis for their authority changes completely. As attorney, they acted under the Guardianship and Administration Act 1990. As executor, they act under the Administration Act 1903 and the authority of a Supreme Court Grant of Probate.
Until the executor obtains a formal Grant of Probate, their authority is limited. They can arrange and fund the funeral, secure the deceased's property and documents, and notify institutions of the death. But they can't distribute assets, sell property, or close accounts until the court grant is issued.
What to Do Immediately
Stop using the EPA. This seems obvious, but it catches people — especially if they've been managing a parent's banking for months or years under the EPA. The authority ended at death. Notify the bank immediately.
Notify financial institutions. Call the donor's bank and advise them of the death. The bank will freeze sole accounts. Joint accounts (where the attorney is also a joint holder in their own right, not under the EPA) continue to operate normally.
Locate the Will. Check the deceased's papers, their solicitor, and any safe deposit boxes. If you can't find a Will, the estate will be treated as intestate — and the next of kin with the greatest entitlement must apply for Letters of Administration instead of Probate.
Order death certificates. You'll need multiple certified copies from the WA Registry of Births, Deaths and Marriages ($60 each). The Probate Office, Landgate, and other institutions may require certified copies rather than photocopies.
Wait 14 days before filing for Probate. The Supreme Court of WA requires that no Probate application is filed until exactly 14 days after the date of death. Applications filed early are automatically rejected.
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The Landgate Transition
If the deceased owned real property and the attorney had a registered EPA with Landgate, the executor needs to re-register themselves as the proprietor through a Transmission Application (Form A1). This requires:
- The original Grant of Probate
- A certified copy of the death certificate
- A supporting Statutory Declaration of Identity
- Verification of Identity (VOI) compliance
- The Landgate lodgement fee of $225.10
Until the Transmission Application is processed, the executor cannot sell, transfer, or mortgage the property. Allow time for Landgate to process the application before planning a sale or transfer.
For properties held as joint tenants (not tenants in common), the surviving joint tenant files a Survivorship Application (Form A2) instead — this transfers title to the survivor without needing Probate.
The Funding Gap
The period between death and Probate creates a practical cash flow problem. Sole bank accounts are typically frozen, but funeral costs, mortgage payments, and household bills keep coming.
Most banks will release funds directly from the deceased's frozen account to pay a funeral director upon presentation of an official funeral invoice. For small estates (sole bank accounts under roughly $20,000–$50,000 with no real property), banks may release funds to the surviving spouse or next of kin under Section 139 of the Administration Act 1903 without requiring Probate at all — but this varies by institution.
If the estate has no funds and the family faces genuine financial hardship, the WA Department of Communities Bereavement Assistance Program (1800 854 925) provides support for basic funeral costs.
For a complete transition checklist — from the moment of death through to Probate and Landgate transmission — the Western Australia Power of Attorney Kit covers the attorney-to-executor handover alongside the full EPA lifecycle.
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