A simple will is a legal document that states how you would like your assets (in Australia) to be distributed after your death.

A simple will may not be suitable if you have blended families or complex family affairs, children with disabilities, a business, or trusts, a self-managed superannuation fund, a long list of gifts, if you identified a possibility of your will being challenged, or if you wish to establish a testamentary trust.

Other than simple wills, there are also complex wills and testamentary trusts. Contact Us if you require advice on which type of will is suitable for your situation.

The Estate Information Manual is a detailed form for testators to complete, and it serves as a source of information for the assistance of executors. Completing the form will minise the work, inconvenience and costs to your executors in gathering information after your death.

An Enduring Power of Attorney is used to appoint someone to make financial and property decisions for you in the event that you are unable to make those decisions yourself.

An Enduring Power of Guardianship is used to appoint someone to make health, medical and lifestyle decisions for you if you can’t make them yourself. This comes into effect only when you are deemed to have lost the ability to make decisions for yourself and gives your family the right to speak to health professionals about your medical situation and also to make the decisions necessary to carry out your wishes in regard to medical treatment options.

Powers of Attorney can be prepared in two ways – to come into effect immediately and to continue once the donor suffers a loss of capacity; or to come into effect at a future time (such as the onset of mental incapacity).

In order to sign a Power of Attorney, the donor must be capable of understanding the nature of the document they are signing and its effect. It is therefore important in situations where a Power of Attorney must be appointed that it is done so in a timely manner.

This is an application to the Supreme Court of Western Australia for the recognition of a will’s validity, and permission from the Supreme Court for the executor/s named in the will of the deceased to carry out their duties in relation to the estate.

An executor will likely need a Grant of Probate to deal with the assets of an estate, such as selling property and obtaining bank funds.

This is an application to the Supreme Court of Western Australia to allow a person to deal with the affairs of a person who died intestate (without leaving a valid will).