WILLS, PROBATE AND ESTATE PLANNING

A Will is a legal document that dictates how your assets are distributed after death and appoints an executor to manage your estate. It is critical for ensuring your wishes are followed, protecting beneficiaries, and preventing disputes in Western Australia.

Even with minimal assets, a will is necessary to avoid legal complexities, name guardians for minor children, specify funeral wishes, and prevent family conflict.

A Will reduces the emotional and financial burden on loved ones in Perth and across Western Australia during a difficult time by providing clear instructions, thus preventing expensive legal battles.

If you die without a Will (intestate), the law determines how your assets are distributed, which may not align with your wishes, and can result in higher costs and longer administration times.

Yes. Poorly drafted wills often lead to litigation, disputes, and potential invalidity, which can destroy family relationships and consume the estate in legal fees.

Choose someone trustworthy, organised, impartial, and willing to act. An executor can always get assistance from a lawyer to carry out the role.

It is recommended to review your Will every few years or after significant life events, such as marriage, divorce, birth of a child, or buying a home in Perth or elsewhere in Western Australia.

Marriage generally automatically revokes (cancels) a previous will, and divorce may revoke parts of it. A new will is necessary to reflect these changes.

A professionally prepared will is essential for blended families to ensure current partners and children from previous relationships are properly provided for.

Store your Will in a secure place, such as a safe deposit box, a lawyer's safe custody, or with the Public Trustee in Western Australia, and ensure your executor knows its location.

A legal document issued by the Supreme Court of Western Australia confirming a will is valid and authorizing the executor to manage the estate.

While you can apply yourself, it is advisable that a lawyer be appointed to assist.

Locating the will, notifying beneficiaries, protecting assets, paying debts, and distributing the estate according to the will.

A trust created by a will that takes effect after death, commonly used for asset protection, tax planning, and managing inheritance for beneficiaries in Western Australia.

A document appointing someone to handle your financial and legal affairs while you are alive, but unable to do so yourself.

Contesting a will is a legal action taken when a family member or dependant challenges the validity of the will or feels they were unfairly left out or inadequately provided for.

A family provision claim is made to the court to challenge the distribution under a Will, often based on financial need or the deceased’s moral duty to provide for a family member or close dependent in Perth or elsewhere in Western Australia.

While you cannot legally stop someone from challenging a will, hiring an experienced lawyer to draft it significantly reduces the likelihood of a successful challenge.

If a Will was signed under pressure or while the person lacked mental capacity (e.g., severe dementia), it can be challenged in court in Western Australia.

If only a copy is found, the executor must provide evidence to the court that the original was not destroyed with the intention of revocation.

• Lack of Testamentary Capacity: The deceased did not understand the effect of the will.
• Undue Influence/Coercion: The deceased was pressured into making the will.
• Invalid Execution: The will was not signed or witnessed properly.

Yes, if they are failing in their duties, such as delaying administration, acting in conflict of interest, or mismanagement of assets in Perth or elsewhere in Western Australia.

Time limits are strict and vary by state (e.g., often 6 months from the grant of probate in many Australian jurisdictions).

Generally, legal costs for all parties are paid from the estate. However, this is not guaranteed and depends on the case.

To prepare for a meeting with a lawyer in Perth or elsewhere in Western Australia about an Estate, bring the following:

• The original or copy of the Will.
• The Death Certificate.
• A list of the deceased’s assets and liabilities (bank accounts, property, debts).
• A family tree and details of beneficiaries.