Frequently Asked Questions
Wills and Estate Planning
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In Western Australia, writing a valid will requires the will-maker to be at least 18 years old, of sound mind, and to sign the will in the presence of two witnesses. The will must clearly outline the distribution of the estate and the appointment of executors. It’s essential to consult an estate planning lawyer in WA to ensure your will complies with all legal requirements.
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To update your will in Western Australia, you can create a new will or add a codicil, a legal document used to amend a will. It’s crucial to consult a wills and estates lawyer in Perth to ensure the changes are legally valid and that your intentions are clearly expressed. Explore our will preparation services.
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Succession planning involves preparing for the transfer of your estate to your beneficiaries. It ensures that your assets are distributed according to your wishes and minimises potential disputes. Effective succession planning in WA often includes creating a will, establishing trusts, and appointing powers of attorney. Discover our succession planning solutions.
Probate and Estate Administration
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The probate process in Western Australia typically takes 4 to 6 weeks, depending on the complexity of the estate and whether there are any disputes. Our experienced probate lawyers in Perth can help expedite the process. Find out more about applying for probate.
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Applying for probate involves several steps: gathering information about the deceased’s assets, preparing court documents, filing an application with the Supreme Court of WA, and providing the will and death certificate. Our team can assist you through each stage to ensure a smooth process. Learn more about our probate application services.
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If a person dies intestate (without a will) in Western Australia, the estate is distributed according to the intestacy laws. This often results in a distribution that may not align with the deceased’s wishes. Contact our deceased estate administration team for guidance.
Contesting Wills and Inheritance Disputes
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To contest a will in WA, you must be an eligible person, such as a spouse, child, or dependent, and you must demonstrate that the will does not provide adequate provision for your needs. Our specialised inheritance dispute lawyers can assist you in making a claim. Read more about contesting a will.
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Yes, you can contest a will even after probate has been granted. However, there are strict time limits, so it’s crucial to act quickly. Contact our estate litigation team for immediate assistance.
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Family provision claims allow eligible family members to contest a will if they believe they haven’t been adequately provided for. In Western Australia, claimants can include spouses, children, and dependents. Our family provision claims service can help you understand your rights.
Powers of Attorney and Guardianship
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An enduring power of attorney allows you to appoint someone to manage your financial affairs if you become incapacitated. The document must be signed and witnessed properly to be legally valid. Our lawyers specialise in drafting enduring powers of attorney. Learn more about powers of attorney.
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An enduring power of guardianship allows you to appoint a guardian to make personal and lifestyle decisions for you if you become unable to make them yourself. It’s a critical part of any comprehensive estate plan in Western Australia. Explore our guardianship services.
Estate Disputes and Litigation
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Common reasons include claims of inadequate provision, disputes over the validity of the will, and disagreements among beneficiaries. Our estate dispute lawyers can mediate and resolve conflicts efficiently. Learn more about our estate dispute resolution services.
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Inheritance disputes can be resolved through negotiation, mediation, or litigation. Our experienced legal team can guide you through the best approach for your situation. Visit our inheritance dispute page for more information.
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The cost varies depending on the complexity of the case. We offer transparent fee structures and can discuss potential costs during an initial consultation. Contact our estate litigation team for a cost estimate.
Get Started with Bechelet & Co
Protect your future and your loved ones with a comprehensive estate plan. Contact our expert estate lawyers in Perth today to discuss your options and book a consultation.
• Phone: (08) 6278 1538
• Email: hello@bechelet.co
Our Multilingual Team
We are proud to offer our services in multiple languages. Our team speaks Sinhala/Sinhalese, Vietnamese, and German. Feel free to contact us in your preferred language—we’re here to assist you.
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