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FAQs

 

Simple Wills

Please bring the documents and information listed on the relevant checklist.

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 those of your children who survive you and attain a specified age, say 18 years. 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 do not 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.

Our Wills on the spot appointments are held at our Perth offices. We will take your instructions and prepare your Will using our advanced interactive forms. The forms are displayed on our large screen computer, enabling you to participate in the process.

If you are unable to attend our office we can take your instructions via a Skype consultation, following which we will give you a quote for the preparation of your Wills. Please book an estate planning consultation.

Complex Wills and Estate Planning

Please bring the documents and information listed on the relevant checklist.

Enduring power of attorney

Please bring the documents and information listed on the relevant checklist.

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 you give to your attorney is effective:

  • as soon as the document is properly signed and witnessed; or
  • only after your attorney has applied to the State Administrative Tribunal for declaration that the document is in force because you have lost your capacity.

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 should be registered at Landgate within 3 months of it being signed. If you do not register it within that period and your attorney needs to deal with your real estate in the future, he/she will have to prepare and lodge a statutory declaration declaring that your EPOA remains valid.

An EPOA can be made by anyone over the age of 18 who has full legal capacity. ‘Full 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.

By completing an EPOA or EPOG you can authorise a person who you trust to make decisions for you in the event that you lose capacity or are unable to manage your affairs.  You may only think of making your EPOA or EPOG as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOA or EPOG.

If you do not have an EPOA or EPOG and you are no longer able to manage your affairs your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs.

You may revoke your EPOA or EPOG at any time when you have legal capacity.

To revoke your EPOA or EPOG you should:

  • destroy the original and any copies of the EPOA or EPOG;
  • execute a Deed of Revocation of EPOA and send a copy to your attorney/guardian 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 come into operation while you are still able to make reasonable judgments about your personal, lifestyle or treatment matters.

An EPOA can be made by anyone over the age of 18 who has full legal capacity. ‘Full 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.

By completing an EPOA or EPOG you can authorise a person who you trust to make decisions for you in the event that you lose capacity or are unable to manage your affairs.  You may only think of making your EPOA or EPOG as you get older, but don’t leave it too late. You must be of sound mind to make a valid EPOA or EPOG.

If you do not have an EPOA or EPOG and you are no longer able to manage your affairs your family members may need to apply to the State Administrative Tribunal for authority to manage your affairs.

You may revoke your EPOA or EPOG at any time when you have legal capacity.

To revoke your EPOA or EPOG you should:

  • destroy the original and any copies of the EPOA or EPOG;
  • execute a Deed of Revocation of EPOA and send a copy to your attorney/guardian 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.