Experienced Lawyers Specialising in Wills, Probate and Estate Law in Perth, WA
If you’re seeking legal assistance from lawyers specialising in Wills and Probate, our Perth team can provide accurate legal advice and can assist you with preparing your Will and organising your estate planning. At Rattigan & Associates, we understand that this can be a sensitive issue and are committed to making you feel comfortable and respected throughout the entire process.
Who Should Have a Will and Why?
Our Wills and estates lawyers in Perth believe that everyone over the age of 18 should have a valid Will drafted by a lawyer to ensure your estate can be distributed as quickly as possible and in the intended manner. Creating your own a Will involves considering a number of things including who you wish to appoint as your Executor, your beneficiaries and any specific instructions you may have.
As it’s a highly complex task, we recommend leaving the drafting and preparation of your Will to a team of professionals. By relying on our experienced team of Wills and estate lawyers in Perth, should anything happen, you’ll have peace of mind in knowing your assets and property will be accurately distributed, the way you intend them to be. Do-it-Yourself kits lack the sophistication necessary to properly reflect your true intentions and often fail to the extent that intended beneficiaries do not receive the gifts referred to in the Will. By aligning with the team at Rattigan & Associates, we’re able to provide guidance, support and assistance on all your legal matters in the comfort of our Perth office.
Don’t Have a Will? Act Now by Relying on Our Wills and Estates Lawyers in Perth
Making proper arrangements about your estate is vitally important. People often put off arranging their affairs, but the best plan to remove financial worries for your family is to act now. To safeguard your estate during your lifetime, as well as after it, our wills and probate lawyers in Perth are able to assess your situation and provide a range of ways to meet your needs now and in the future.
Why Choose Our Wills Lawyers in Perth?
Choosing the right legal representation for your wills and estates is a decision that requires careful consideration. At Rattigan & Associates, we pride ourselves on our extensive experience and dedicated approach to providing high-quality, personalised legal services. With credible experience in family law, our team offers comprehensive estate planning, from drafting and updating wills to managing probate and estate administration for clients across Perth, WA. Our commitment to creating a comfortable and respectful environment ensures that you can discuss your wishes with confidence, knowing that your interests are in skilled hands. Trust Rattigan & Associates to safeguard your legacy and provide peace of mind for you and your loved ones.
How Do Our Lawyers Help Prepare Your Will?
At Rattigan & Associates, we take the time to understand your circumstances and ensure your wishes are clearly documented and legally sound. Our Wills and estate lawyers can help with:
- Writing Your Will
- Enduring Power of Attorney
- Enduring Power of Guardianship
- Grants of Probate & Letters of Administration
- Estate Administration
- Advice on Will Disputes and Contested Estates
What Happens If I Create My Own Will?
Writing your DIY (Do It Yourself) Will can seem convenient and easy; however, a Will could be the most important legal document that you ever sign. Without professional legal guidance, your Will may contain vague language, missing clauses, or unclear instructions, all of which can lead to significant complications.
A poorly drafted Will can also be more vulnerable to legal challenge. Estranged family members, stepchildren, or former spouses who feel unfairly left out may contest your Will, potentially resulting in delays, legal costs, and outcomes you didn’t intend.
Here is how a DIY Will can be challenged:
- Improper Execution: A Will must be signed by two witnesses who do not benefit from your Will. Failure to meet this legal requirement can render your Will invalid.
- Ambiguities and Omissions: Vague language or missing details, such as appointing an executor or including a residuary clause, can lead to confusion and disputes among beneficiaries (individuals who will benefit from your Will).
- Unintended Consequences: Without legal guidance, it’s easy to accidentally leave out important assets or people. This can result in parts of your estate being distributed under intestacy laws, which may not reflect your true intentions.
- Lack of Testamentary Capacity: If there are concerns that the person making the Will didn’t fully understand what they were doing, including what they owned or who they should consider, the Will could be challenged in court.
- Undue Influence: A Will can be contested if someone believes you were pressured, influenced, or manipulated into making certain provisions that don’t genuinely reflect your wishes.
- Failing to Meet Legal Requirements: Even minor mistakes, such as signing in the wrong place or having the wrong witnesses, can mean the Will doesn’t meet the legal standards required in WA, putting its validity at risk.
When we help you create a Will, our estate lawyers aim to avoid these complications, ensuring your assets are distributed as intended.
Contact Our Wills and Probate Lawyers in Perth
As the leading Wills, estate and probate lawyers in Perth, Rattigan & Associates specialise in drafting Wills and other estate planning, including enduring powers of attorney and enduring powers of guardianship. In the event you have lost a family member, we can also assist with administration of estates, probate applications, letters of administration and estate advice.
We provide legal advice right here in our Perth office, or we can provide alternative arrangements for appointments such as video or telephone depending on your preference.
Call for A Free 10-minute Telephone Consultation
We understand that sometimes you just need to chat to an expert.
Contact us on (08) 6467 7179 for a free 10-minute telephone consultation to find out more information on how our Wills and estates lawyers in Perth at Rattigan & Associates can assist you.
Frequently Asked Questions
Can I make my own Will?
A person may draft their own Will, however, to ensure that the Will is valid it is recommended that you seek legal advice on the contents of your Will or to have an existing Will reviewed by a Wills and probate lawyer.
How do I make sure my wishes are carried out?
A properly drafted Will ensures that your wishes are carried out and appointing an Executor who you trust to carry out your wishes is essential.
What happens if I die without a Will?
If you die without a Will, your estate will be dealt with in accordance with the Law. If you have a spouse, children, or other family members they may apply to the Court in relation to your estate and have the power to distribute or dispose of your property.
Can I leave my assets to anyone I like?
Yes, but there is a possibility of the Will being challenged if a dependent, child or spouse is excluded.
How often should I update my Will?
It is recommended that you review your Will from time to time, and certainly if circumstances change in your life that may change who is to benefit from your Will or who may be appointed as your Executor.
Can I update my will once it has been drafted?
Yes, you can update your will at any time. Our wills lawyers in Perth recommend you review and update your will regularly, especially after major life events such as marriage, divorce, the birth of a child, or significant changes in your financial situation.
How can a will protect my estate?
A properly drafted Will ensures that your assets are distributed according to your wishes, appoints guardians for your children, and helps prevent disputes among family members. It could also protect beneficiaries from tax such as capital gains, receiving income from the estate, or receiving superannuation benefits held by the deceased.
Where should I keep my Will?
Your Will should be kept in a safe place, particularly somewhere it will not be damaged by unforeseen events, such as fire or flood.
Can I use my will to nominate who will take care of my kids after I'm gone?
In Western Australia, if there are no guardians nominated, there are laws in respect to who will take care of the children after the death of one parent.
What happens if I’ve been named as an executor in someone's Will?
Being named as an executor means you’re responsible for carrying out the instructions in someone’s Will and managing their estate after they pass away. This includes handling legal paperwork, collecting assets, paying debts, and distributing what’s left to the beneficiaries.
It’s a role that comes with legal and financial responsibilities, which is why it’s often best to work with an experienced probate lawyer. Our experienced team can help provide clear guidance throughout this complicated process and emotional time. For expert advice, contact our probate lawyers today.
What is Power of Attorney?
A Power of Attorney document gives authority to another person or persons to act on behalf of the Donor in respect to property and financial matters. An attorney can be appointed solely on their own, jointly with another person, or in substitute of another attorney. Power of Attorney documents can also be limited to a particular task or timeframe and are useful if they are only required to be used for that specific purpose.
What are the traps to be aware of when drafting a Power of Attorney?
It is recommended that the Attorney appointed to act is someone that you know, trust, and have confidence in to carry out their duties in accordance with your wishes. You should not appoint someone who is frequently travelling or someone who would not be available and willing to perform the necessary duties as your attorney. There are different types of Power of Attorney documents which can be tailored to suit your current or ongoing needs. It is recommended that you speak with the person you wish to appoint prior to drafting any documents in the event they are not willing to carry out the role.