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Fixed Fee Wills Lawyers Perth WA

Make a Will

If you do not have a will and testament, your assets are unlikely to be distributed in the manner that you want when you die. Take action and obtain legal advice to ensure that your wishes become reality.

What is a Will?

A will is one of the most important documents you will ever sign. It is a legal document setting out who gets part or all of a person’s property or assets when they die. Your property and assets are called your “estate”. A badly written will often lead to delays and disputes. Your estate typically consists of houses, money, investments, and personal or household belongings that you own. A Will ensures that your wishes are carried out upon your death.

What does the wills legislation require in order to make a will?

The formal requirements to make a will are as follows:

  • the person making the will must be 18 years of age or older (Section 7 Wills Act 1970);
  • the will must be in writing (Section 8(a) Wills Act 1970);
  • it is signed by the testator or signed in the testator’s name by some other person in the testator’s presence and by the testator’s direction, in such place on the will so that it is apparent on the face of the will that the testator intended to give effect by the signature to the writing signed as the testator’s will (Section 8(b) Wills Act 1970);
  • the testator makes or acknowledges the signature in the presence of at least 2 witnesses present at the same time (Section 8(c) Wills Act 1970);
  • the witnesses attest and subscribe the will in the presence of the testator but no publication or form of attestation is necessary (Section 8(d) Wills Act 1970);
  • a beneficiary (person who will benefit under a will) should not be a witness to the will.

Foyle Legal charge a fixed fee for Wills

Foyle Legal attempts to provide a fixed fee cost for simple wills in Western Australia. A simple will is where only one property is involved, and the person making the will does not own shares in a family company and the person making the will does not have any specific wishes in respect of a trust).

  • Single Will:        $300.00 (inclusive of GST)
  • Couple:             $400.00 (inclusive of GST)

For other wills other costs may apply, telephone us for an assessment.

Discounts are available for more than one service (e.g. Will, Enduring Power of Guardianship and Enduring Power of Attorney).

Key Considerations When Making a Will

Is it simple to make a Will?

The requirements under the Wills Act are relatively straight forward, but there are other considerations in making a will such as whether joint property can be passed and whether it is practical to carry out your wishes. Seeking professional legal advice in WA will ensure your will is done correctly and your family will have no regrets after you pass away.

Executor of your Will

If you do not make a will then anyone interested in your estate can apply to be the executor of your estate. This is a very important position and you should choose a responsible person a person you believe will carry out their duties properly.

What should be in a Will?

The Will should specify that it is your last Will and that you revoke any previous Wills. It should appoint one or more persons to be your executor(s). Your Will should provide for payment of funeral expenses and any debts. It should then state how you want your property distributed, either by naming the item and to whom it is given, or by giving a person a certain amount or percentage of the total value of your property. If your Will contains specific gifts, it should also state what is to happen with the residue (remaining assets) of the estate.

What happens if I get married or divorced?

If you get married or divorced this has the effect of revoking your will unless you make it in contemplation of marriage or divorce.

Leaving property in your Will

In your will, you may leave any part of your property, including personal items, real estate or amounts of money to particular people (special rules apply to jointly owned property). While it is not necessary to list every item of your property, your will should deal with all your property. The best way to do this is to use expressions like “all of my property of whatever kind” or “all my remaining property of whatever kind”. If your will fails to deal with all your property, any property not dealt with will be divided among your relatives according to law. This kind of division might not be what you wanted and may lead to disputes about the entitlement of certain relatives to your assets.

There are some assets you can’t leave to another person in a will. For example, assets from your superannuation or insurance fund (you usually nominate a beneficiary when you take out the policy). You may wish to make special arrangements for a number of things, for example:

  • disposal of your body or organ transplants;
  • payment of your executor;
  • the occupation of your home;
  • the release of a debt owing to you; and
  • a gift to charity.

You can generally write these types of things in ordinary language so that they can be understood.

Challenges to a Will

If you are a dependant of someone who has died and have not received a fair share of the deceased’s property under the will or under the Administration Act 1903 (if there is no will) you may be able to challenge it.

Power of Guardianship / Enduring Power of Guardianship

Foyle Legal helps clients to prepare Power of Guardianship or Enduring Power of Guardianship in conjunction with wills.

Power of Attorney

Foyle Legal helps clients to prepare Power of Attorney in conjunction with wills.

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