Wills & Estates Swanbourne

Need to update your Will or plan your Estate?

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Wills & Estates Lawyers Swanbourne
Want An Affordable Perth Lawyer Who Understands Wills & Estates?

Our Wills & Estates Lawyers in Perth at ABMS Lawyers provide specialist advice and assistance on a range of estate planning, wills and probate areas. ABMS Lawyers has over 25 years of experience providing Wills & Estate services in Perth.

Contact us today to speak with one of our experienced Wills & Estates Lawyers in Perth.

Enduring Power of Attorney

Do you need to ensure that if something were to happen where you can no longer make decisions that your best interests will be cared for?

An EPOA (Enduring power of attorney) is a legal document with which you will be able to make a trusted person your attorney.

This means that this person will make decisions on your behalf if you are not able to do so yourself. You can appoint more than one attorney, and you can specify how they must act towards each other e.g. unanimously or majority rules.

  • The attorney will be able to make decisions regarding your financial, property and legal aspects on your behalf if you become unable to do it yourself in the future.
  • POA can only be lodged by the person concerned. Nobody can make an EPOA on behalf of someone else.
  • Your attorney will not be able to make medical treatment decisions on your behalf. They must have to be your Medical Treatment Decision Maker if you want them to do so.
  • An Enduring Power of Attorney can be made by anybody who is 18 years and older and has full capacity.
  • There is no specific time when you need to appoint a power of attorney.
  • Having an EPOA will keep you calm as you know that someone is there to look after things if you cannot do it yourself in the future.
  • If you do not already have an EPOA and something happens to you, then your family or friends will need to go to the Guardianship Board for in order to be able to make decisions on your behalf. This can be a long and costly process.

It is better to be safe than sorry. Do not wait for something bad to happen before you appoint a power of attorney.

Estate Planning Swanbourne

Always make sure you are prepared by keeping your Estate Plan up to date.

No-one likes to think about what would happen if you died or had an accident or major illness that meant you were unable to look after yourself. But it is important to be prepared, just in case.

Estate planning is the process of making sure your affairs are in order so that if something happens to you, your family and friends will be able to cope financially. It can also help to avoid arguments and reduce the amount of tax that may need to be paid on your estate.

Making a will is the best way to make sure your estate is distributed according to your wishes. If you die without a will, the law decides how your estate will be divided up and this may not be what you would have wanted.

Getting expert estate planning advice is particularly important if you:

  • have young children
  • own a business
  • have property in more than one state or country
  • have assets in more than one country
  • have large debts
  • have been married more than once
  • have step-children.

Estate planning is not just about making a will. It can also involve setting up trusts, superannuation funds and insurance policies. It is important to get expert advice to make sure your estate is structured in the most tax-effective way.

Pets and Wills Swanbourne

Are your pets apart of your family? Make sure they get the best care after you are gone.

Under Australian law, animals are classified as property. Therefore, you can state in your Will how your pet is to be cared for. If you do not make provision for your pet in your Will, the residuary beneficiary will inherit your pet. If you do not have a valid Will when you die, your pet will go to your next of kin.

It is advisable to appoint a guardian for your pet in your Will. A guardian is a person who will be responsible for the welfare of your pet after your death. You should choose someone who loves animals and will be able to provide a good home for your pet.

You can also leave money in your Will to provide for the care of your pet. This is known as a pet trust. The money can be used to pay for food, veterinary care and other expenses.

It is important to discuss your wishes with the person you have chosen to be the guardian of your pet. You should also give them a copy of your Will so that they know what you have arranged.

Making provision for your pet in your Will can give you peace of mind knowing that your beloved animal will be well cared for after your death.

To schedule an initial consultation for your Wills and Estates Law matter, contact us on (08) 94742832.

Planning your Will Swanbourne

Regardless of where you are in life, it would help if you took the time to write a Will. It not only safeguards your wishes, but it protects your loved ones.

Your Will should Identify how you want your assets distributed, any dependants, guardians for children and what will happen to your pets if you can no longer care for them. It should also identify any gifts you want to make to charities or individuals.

It is best to seek expert legal advice when writing your Will to make sure it is valid and will achieve your desired outcome.

You can create your Will in just about 8 steps. 

  1. Layout your assets and think about your final wishes
  2. Consider your digital assets 
  3. Gather documents needed for Will preparation 
  4. Choose your Executor and Beneficiaries 
  5. Nominate guardians 
  6. Sign your Will
  7. Store your Will
  8. Update or amend your Will as needed

At Wills Lawyers Perth, we can assist you with all aspects of estate planning, including drafting and updating your Will.

A solicitor can also help you with estate planning advice and setting up trusts, superannuation funds and insurance policies.

Contact us on (08) 94742832 to arrange an initial consultation to discuss your Wills and Estates law matter.

Probate Swanbourne

It is already a difficult time during the process of Probate let professional Perth Lawyers help make this process easier on you.

When a person dies, their estate must go through the process of Probate before it can be distributed to beneficiaries. Probate is the legal process of proving the Will is valid and that the Executor is entitled to administer the estate.

If the deceased person dies without a Will, their estate will be distributed according to the interest

Probate is a court proceeding in which the following events take place:

  • The validity of your will is determined or your intestate (without a will) estate is settled
  • An executor or administrator is appointed
  • The executor or administrator inventories all of the assets that you held individually at your death
  • All your debts, taxes, and probate administration fees are paid
  • Distributions are made in accordance with the terms of your will or according to the laws of intestacy in the event that you die without a will

This process does not occur overnight and requires experience to administer it properly in order to avoid prolonged lawsuits. Probating an estate can be very expensive and can take years to complete. It is not a private process, meaning that anyone can see what assets you have and where the assets are transferred. If these are areas of concerns for you, it’s important to understand how to avoid the probate process.

Our team at Wills Lawyers Perth can assist with all aspects of Probate, including applying for a Grant of Probate, administering the estate and distributing assets to beneficiaries. We understand the importance of this process and can provide you with the expert advice and support you need during this time.

Contact us on (08) 94742832 to arrange an initial consultation to discuss your Probate matter.

Wills and Trust Swanbourne

A will is a legal document stating what you want to happen to your assets when you die. It is part (but not all) of your estate plan.

Your will can cover things like:

  • how you want your assets shared
  • who will look after your children if they’re still young
  • any trusts you want to set up
  • how much money you’d like to give to charities
  • plans for your funeral

Updating your Will: It’s important to update your will as your situation changes — for example, if you:

  • get married
  • divorce or separate
  • have children or grandchildren
  • have a significant financial change
  • lose your spouse (or someone else who is named in your will) through death

Family trusts and your will: If you have a family trust, it continues after your death. The trust determines who gets your assets, even if your will says something different.

Testamentary trusts: A testamentary trust is a trust that is written in your will. It takes effect when you die, and it’s administered by a trustee, who you usually name in your will.

The trustee looks after your assets until your beneficiaries can get them.

This is set out in your will, and is either when:

  • a child reaches a certain age, or
  • a beneficiary achieves a specific goal (for example, they get married or earn a particular qualification)

You may want to consider setting up a trust if your beneficiaries:

  • are minors (under 18), or
  • have diminished mental capacity, or
  • may not use their inheritance well

Another reason to consider a trust is to avoid family assets being:

  • split as part of a divorce settlement, or
  • part of bankruptcy proceedings

Our Wills Lawyers Perth, understand the importance of having a will and can assist you with all aspects of wills and estate planning.

Contact us on (08) 9474 2832 to arrange an initial consultation to discuss your Will or Estate Planning matter.

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