Wills
Our Wills on the spot service is for the preparation of your simple Will. Under a simple Will you would typically leave the whole of your estate to your spouse or partner if he or she survives you. If your spouse does not survive you, you would generally provide that your estate is divided equally among your children. You may make provision that if any of your children die before you, the share they would otherwise have taken would be divided equally between their children (i.e. your grandchildren).
If you don’t have any children you may provide that your estate be divided in certain proportions among other friends or family members.
A simple Will does not include provision for complex substitution clauses, long lists of gifts or establishing testamentary trusts.
We cannot prepare an on-the-spot Will if any of the following apply:
- you have an interest in a family company, family trust, business, partnership or a self-managed superannuation fund
- you or your partner have children from other relationships (a blended family)
- you want your Will to include a long list of gifts or gifts to charity
- you have a large assets pool or complex family affairs
- you wish to give your property away with conditions attached – for example rights to purchase or life estate interest
- you wish to create testamentary trusts or protective trusts
- you own real estate overseas
- you wish to make mutual wills – a binding promise not to change your will
- you have identified the possibility of your Will being challenged
- you do not understand the English language or are unable to sign your name.
In those circumstances, your consultation will be an Estate Planning Consultation and we will give you a quote for preparing your Will after your consultation.
If you’re unsure which service is right for you, please contact us.
Our Wills on the spot appointments are held at our Perth offices. We will prepare your Will and witness you sign it during the meeting.
If you’re unable to attend our office we can take your instructions via a Zoom consultation and post your Will to you with instructions for signing it.
Complex Wills and Estate Planning
Enduring power of attorney
An enduring power of attorney (EPOA) enables an adult with full legal capacity to appoint another person to make decisions on their behalf about property and financial matters, for example selling real estate or managing bank accounts.
It does not permit an attorney to make personal and lifestyle decisions, including decisions about medical treatment.
Any adult you trust can be your attorney. Your attorney can act alone, jointly with another person (ie always together) or jointly and severally with that other person (ie together or separately). Your attorney must accept the responsibility of acting as your attorney by signing the acceptance section of your EPOA.
When you create your EPOA you must choose whether the power is effective:
- as soon as the EPOA is signed; or
- only after your attorney has applied to the State Administrative Tribunal for declaration that you have lost capacity.
Please bring the documents and information listed on the Enduring power of attorney checklist.
By completing an EPOA you can authorise a person who you trust to manage your property and finances on your behalf.
If you don’t have an EPOA and you lose capacity your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs.
You may only think of making your EPOA as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOA.
There is no formal registry of EPOAs in Western Australia, however if it is likely that your attorney will need to sell or deal with your land then your EPOA must be registered at Landgate.
An EPOA can be made by anyone over the age of 18 who has legal capacity. Legal capacity means that the person must be able to understand the nature and effect of the document they are completing and the nature and extent of their estate.
You may revoke your EPOA at any time when you have legal capacity.
To revoke your EPOA you should:
- destroy the original and any copies;
- sign a Deed of Revocation of EPOA and send a copy to your attorney and anyone else who may have a copy of the EPOA (such as financial or medical institutions); and
- if your EPOA was lodged at Landgate, lodge your Deed of Revocation of EPOA at Landgate.
Enduring power of guardianship
An enduring power of guardianship (EPOG) enables an adult with full legal capacity to appoint another person to make decisions on their behalf about personal, lifestyle and treatment matters.
An EPOG does not authorise another person to manage your financial and property matters.
Your EPOG will only come into effect if you lose the capacity to make decisions for yourself. Your EPOG will not operate while you are still able to make reasonable judgments about your personal, lifestyle or treatment matters.
Please bring the documents and information listed on the Enduring power of guardianship checklist.
By making an EPOG you can authorise a person who you trust to make decisions for you if you lose capacity to make them for yourself.
If you don’t have an EPOG and you lose capacity your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs.
You may only think of making your EPOG as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOG.
An EPOG can be made by anyone over the age of 18 who has legal capacity. Legal capacity means that the person must be able to understand the nature and effect of the document they are completing.
You may revoke your EPOG at any time when you have legal capacity.
To revoke your EPOG you should:
- destroy the original and any copies;
- sign a Deed of Revocation of EPOG and send a copy to your guardian and anyone else who may have a copy of the EPOG (such as medical institutions).
