Estate Planning Lawyers inBusselton, 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. Busselton estate plans frequently involve holiday-home, vineyard, and family-business assets — testamentary trusts are commonly used to manage tax outcomes, asset protection from beneficiary creditors, and intergenerational succession of operating businesses.

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. The partner firm prepares both and arranges signature with the required witnesses — South West clients often combine the visit with the will-signing meeting.

Probate of a Busselton 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 Busselton, the partner firm coordinates with Landgate for title transmission, with banks for account closure, with the ATO for date-of-death and post-death returns, and with any business or viticulture-asset valuer required for accurate estate accounting.

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.