What are the legal requirements for writing a will in Western Australia?

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. Learn more about our estate planning services here.

How can I update my will in Western Australia?

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.

What is succession planning, and why is it important?

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 minimizes potential disputes. Effective succession planning in WA often includes creating a will, establishing trusts, and appointing powers of attorney. Discover our succession planning solutions.

How long does probate take in Western Australia?

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.

What are the steps to apply for probate in Perth WA?

Applying for probate involves several steps: gathering the deceased’s assets, 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.

What happens if someone dies without a will in WA?

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.

How can I contest a will in Western Australia?

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 expert inheritance dispute lawyers can assist you in making a claim. Read more about contesting a will.

Can you contest a will after probate in WA?

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.

What are family provision claims, and who can make them?

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.

How do I create an enduring power of attorney in WA?

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 specialize in drafting enduring powers of attorney. Learn more about powers of attorney.

What is an enduring power of guardianship, and why is it important?

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.

What are common reasons for estate disputes in WA?

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.

How do you resolve inheritance disputes in WA?

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.

What is the cost of estate litigation in WA?

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.

Testamentary Trusts – Secure Your Legacy with Strategic Estate Planning

What is a Testamentary Trust?

A testamentary trust is a legal structure created through a will to manage and distribute assets after the deceased’s passing. Unlike standard wills, a testamentary trust provides added asset protection, tax benefits, and controlled inheritance distribution for beneficiaries.

This type of trust is especially useful for minors, beneficiaries with special needs, or families looking to safeguard assets from creditors or relationship breakdowns.

Common Reasons to Set Up a Testamentary Trust

✅ Asset Protection – Shields assets from bankruptcy, creditors, and family disputes.

✅ Tax Advantages – Allows income to be distributed in a tax-effective manner, particularly for minor beneficiaries.

✅ Controlled Inheritance – Prevents beneficiaries from mismanaging large sums of money.

✅ Long-Term Financial Security – Ensures structured financial support for your loved ones.

Who Should Consider a Testamentary Trust?

🔹 Parents of Minors – To ensure children inherit assets securely and tax-effectively.

🔹 Families with Significant Wealth – To protect estates from external claims or disputes.

🔹 Business Owners – To safeguard assets from potential business-related risks.

🔹 Blended Families – To ensure fair distribution among spouses and children.

📖 Setting Up a Testamentary Trust: A Step-by-Step Guide

📖 Testamentary Trusts vs. Living Trusts: Which Is Right for You?

📖 Tax Benefits of Testamentary Trusts for Minor Beneficiaries

Explore More Estate Planning Services

🔍 Looking for comprehensive estate planning solutions? Visit our Estate Planning Services page to learn about Wills, Powers of Attorney, and Advance Health Directives.

Set Up a Testamentary Trust with Expert Legal Guidance

A well-structured testamentary trust ensures your estate is managed and distributed according to your wishes, offering security for your beneficiaries. Our experienced estate planning lawyers can help you create a trust that meets your family’s needs.

👉 Book a Consultation or call us on (Insert Phone Number) today.

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Common Questions About Testamentary Trusts

When the will-maker passes away, the executor establishes the trust according to the instructions in the will. A trustee is appointed to manage the assets and distribute them to beneficiaries under the trust’s terms.
The trustee controls how and when assets are distributed. This prevents beneficiaries from misusing funds and ensures long-term financial security.
No. Anyone with assets they wish to protect can benefit from a testamentary trust, particularly families with young children or dependents.

Get Started with Bechelet & Co

Contact our expert estate lawyers in Perth today to discuss your options and book a consultation.

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• Phone: (08) 6278 1538

• Email: hello@bechelet.co

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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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