Estate Planning Lawyers inCollie, 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. Collie estate plans frequently involve mining-industry superannuation balances (often substantial), small-business or trade-business interests, and primary-residence assets. Testamentary trusts may be appropriate for higher-asset estates or those with vulnerable beneficiaries.

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.

Probate of a Collie 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. The partner firm coordinates with Landgate, banks, the ATO, and (for mining and power-industry workers) the relevant superannuation funds for death-benefit determination. Many Collie estates involve substantial superannuation that sits outside the will and is dealt with via the fund's binding-death-benefit-nomination framework.

Family Provision Act 1972 (WA) claims allow eligible persons 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.