Estate Planning Lawyers inCarnarvon, 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. Carnarvon estate plans frequently involve pastoral-lease, horticulture-business, or fishing-licence interests — testamentary trusts and inter-generational succession planning are commonly used to manage tax outcomes, primary-production CGT roll-over eligibility, and operational continuity.

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, often by remote arrangement for Gascoyne clients.

Probate of a Carnarvon 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 pastoral-lease or fishing-licence interests, the partner firm coordinates with the relevant WA regulator (Pastoral Lands Board, Department of Primary Industries and Regional Development) for the transmission of the regulatory asset alongside the conventional estate administration.

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. 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.