Wills and Estates
Amadeus Legal can assist you with the following estate planning matters:
- Simple and complex Wills
- Enduring powers of attorney, enduring powers of guardianship and advance health directives
- Testamentary Trust Wills
- Deeds of Family Arrangements and other family agreements
- Mutual Wills
- Applications for grants of probate and letters of administration and associated estate conveyancing.
Please Contact Us to discuss your particular estate needs.
No matter what age you are, if you have assets, it is paramount that you have a legally binding Will in place. If you do not have a Will, your assets will be distributed in accordance with the provisions of the Administration Act 1970 (WA), which may not reflect your wishes. If you have young children and do not have a Will, the State may have the power to decide the fate of your children after your death, especially in cases where the other parent also passes away or is unable or unwilling to be the carer of the child/ren.
When thinking about your Will, there are a few matters you must consider, such as:
- Who will be your executor? The executor is responsible for administering your estate and following your Will.
- Who will receive your estate? Are there any children you are excluding from your Will?
- Are there any special gifts you would like to make to individuals or a charity?
- How and at what age are your beneficiaries to receive your estate?
- Do you want to make sure your children’s inheritance is protected in the future, especially if you have a “blended” family?
- Who will look after your young children?
- What will happen to your body after you pass?
- Who will take over your business and/or a family trust?
- What will happen to your superannuation and your life insurance? Should it be dealt with in your Will?
EPAs and EPGs
As your Will only takes effect after you pass away, who will look after your financial matters and make wellbeing decisions on your behalf should you become incapacitated?
An Enduring Power of Attorney (EPA) is a legal document that allows you to appoint someone you trust to make financial decisions for you if you no longer have the capacity to do so. An EPA usually takes effect when you lose capacity to manage your own affairs but can also be used by your attorney if you are away or unable to attend to your financial matters.
An Enduring Power of Guardianship (EPG) is a legal document that appoints your legal Guardian, who will make lifestyle and health decisions on your behalf if you lose capacity to make those decisions for yourself. An EPG can only take effect if you no longer have capacity, as confirmed by your treating doctor/specialist.
Probate and Letters of Administration
We understand that it can be a very challenging process to navigate through the legalities following the death of a loved one. If the deceased person left a formal Will, an application needs to be made to the Supreme Court for a grant of probate, which in effect is a certificate granted by the Court to confirm that a Will of a deceased person has been proved and registered and that the executor can administer the estate in accordance with the Will.
If the deceased left no Will, or the Executor appointed in a formal Will is not able to act, an application needs to be made to the Supreme Court to obtain Letters of Administration, which will allow a beneficiary, such a spouse or a child, to apply to be appointed the administrator of the estate.
Applications for grants of Letters of Administration are usually complex, but the team at Amadeus Legal have the required experience with the process and can assist you with the application, and avoid unnecessary stress during an already challenging time.
If the deceased person owned assets jointly with a spouse, a de-facto or another person, those assets can be transferred to the surviving person(s) by instructing a solicitor to lodge a survivorship application with Landgate. Amadeus Legal can assist you with processing such an application to transfer assets to the surviving owner.