Wills and Estates Lawyers Western Australia

Wills and Estates Lawyers in Western Australia

Wills and estates law in Western Australia encompasses the full range of legal matters arising from the planning, administration and distribution of a person's assets during their lifetime and after their death. This includes drafting legally valid wills, establishing powers of attorney and advance health directives, applying for grants of probate or letters of administration, and managing the distribution of deceased estates in accordance with Western Australian law. Where a person dies without a valid will, the rules of intestacy under the Administration Act 1903 (WA) determine how their estate is distributed, which may not reflect their wishes or adequately provide for loved ones.

Navigating wills and estates matters without legal guidance can expose executors, beneficiaries and family members to significant risk. Errors in will drafting can render a document invalid or open to challenge. Executors who mismanage estate administration may face personal liability. Family members who believe they have been unfairly excluded from a will have strict time limits within which to bring a claim, and missing those deadlines can permanently extinguish their rights. A qualified wills and estates lawyer in Western Australia can help you avoid costly mistakes and ensure your affairs are handled correctly, whether you are planning for the future or dealing with the loss of a loved one.

Western Australia has its own distinct legislative framework governing wills and estates. The Administration Act 1903 (WA) contains unique provisions relating to executor duties and intestate succession, while the Wills Act 1970 (WA) governs the formal requirements for a valid will. Family members and dependants who have not been adequately provided for may bring a claim under the Inheritance (Family and Dependants Provision) Act 1972 (WA). Probate and estate administration matters are handled by the Non-Contentious Probate division of the Supreme Court of Western Australia, with contested matters proceeding before the full Supreme Court.

Will Drafting and Estate Planning

A carefully drafted will is the cornerstone of any sound estate plan. Our Western Australian wills and estates lawyers assist individuals and families to prepare legally valid wills that clearly express their intentions and withstand scrutiny. Under the Wills Act 1970 (WA), a will must meet specific formal requirements to be valid, including being signed in the presence of two independent witnesses. We advise on the appointment of appropriate executors and trustees, the distribution of assets including real property, superannuation and business interests, and strategies to minimise potential disputes among beneficiaries. Whether your circumstances are straightforward or complex, our lawyers ensure your will accurately reflects your wishes and complies with Western Australian law.

Powers of Attorney and Advance Health Directives

Planning for incapacity is just as important as planning for death. Our lawyers assist Western Australians to prepare enduring powers of attorney under the Guardianship and Administration Act 1990 (WA), appointing a trusted person to manage financial and legal decisions on their behalf if they lose capacity. We also advise on advance health directives, which allow you to set out your wishes regarding medical treatment in advance. These documents provide peace of mind for you and your family and can prevent costly and distressing applications to the State Administrative Tribunal if capacity is later lost without appropriate arrangements in place.

Probate and Letters of Administration

When a person passes away, their estate generally cannot be administered until a grant of probate or letters of administration is obtained from the Non-Contentious Probate division of the Supreme Court of Western Australia. Probate is granted where there is a valid will, while letters of administration are required where the deceased died intestate or without appointing a functioning executor. Our lawyers manage the entire probate application process, including gathering the necessary documentation, preparing the required affidavits and filing applications with the Supreme Court. We also advise executors on their duties and obligations under the Administration Act 1903 (WA), including the requirement to notify creditors and distribute the estate in accordance with the will or the rules of intestacy.

Contesting a Will and Family Provision Claims

If you have been left out of a will or believe you have not received adequate provision from a deceased estate, you may be entitled to make a claim under the Inheritance (Family and Dependants Provision) Act 1972 (WA). Eligible applicants include spouses, de facto partners, children and certain other dependants of the deceased. It is critical to act promptly, as claims must generally be commenced within six months of the grant of probate or letters of administration by the Supreme Court of Western Australia. Our lawyers assess the merits of your claim, advise on your prospects of success and represent you in negotiations or court proceedings to secure the provision you are entitled to. We also act for executors and beneficiaries defending such claims.

Estate Administration

Administering a deceased estate in Western Australia involves a range of legal, financial and practical obligations that can be overwhelming for grieving family members. As executor, you are personally responsible for identifying and collecting the assets of the estate, paying outstanding debts and liabilities, managing any ongoing assets or businesses, lodging tax returns and distributing the estate to beneficiaries in accordance with the will or the Administration Act 1903 (WA). Our lawyers guide executors through every step of this process, ensuring compliance with all legal requirements and helping to resolve disputes between beneficiaries. We also assist with the transfer of real property and liaising with financial institutions, government agencies and other third parties on behalf of the estate.

Go To Court Lawyers has been helping Western Australians with wills and estates matters since 2010, building a reputation for practical, plain-English legal advice across more than 15 years of operation. Our Perth-based lawyers are part of a national network of over 800 legal professionals, giving you access to deep local expertise backed by the resources of Australia's largest legal network. We understand that wills and estates matters are often time-sensitive and emotionally charged, which is why we offer same-day appointments and a 24/7 legal hotline so you can speak to a qualified lawyer whenever you need guidance. Our fixed-fee initial consultation of $295 means you know exactly what you'll pay to get clear, personalised advice on your situation from the outset. With a 4.5-star rating on Product Review, our clients consistently recognise us for our responsiveness, professionalism and commitment to achieving the best possible outcomes in even the most complex estate matters.