Estate Planning Lawyers inArmadale, Western Australia

Wills in Western Australia are governed by the Wills Act 1970 (WA). A valid will requires the testator to be 18 or over, to have testamentary capacity, and to sign in the presence of two witnesses who also sign. The partner firm walks you through executor selection, beneficiary nomination, guardianship of minor children, testamentary-trust mechanics (for asset protection and tax planning), and the treatment of superannuation and life-insurance benefits (which often sit outside the will).

Enduring powers of attorney (EPA) under the Guardianship and Administration Act 1990 (WA) let you appoint a trusted person to manage your financial and property affairs if you lose capacity. Enduring powers of guardianship cover personal and lifestyle decisions. Both should be reviewed every five years and on major life events (marriage, divorce, attorney's death, or change of capacity). The partner firm prepares both and arranges signature with the required witnesses.

Probate of an Armadale estate proceeds at the Supreme Court of Western Australia in Perth (no other court grants probate in WA). The grant authorises the executor to deal with the deceased's assets. For estates with property in the City of Armadale, the partner firm coordinates with Landgate for title transmission, with banks for account closure, and with the ATO for date-of-death and post-death returns. Smaller estates may not require probate at all where assets are below institutional thresholds.

Family Provision Act 1972 (WA) claims allow eligible persons (spouses, de facto partners, children, stepchildren, certain others) to seek further provision from a deceased's estate where the will makes inadequate provision for their proper maintenance. Claims must generally be filed within 6 months of the grant of probate. The partner firm advises both potential claimants and executors defending the estate.