Intestacy

If you pass away without a Will, you are considered to have died intestate. This means your estate will be distributed according to WA’s intestacy laws, which may not reflect your wishes. It can also create delays and added legal costs. Creating a Will is the best way to protect your loved ones and ensure your intentions are followed. Family members may need to go to court, assets can be distributed unfairly, and vulnerable beneficiaries may be left unprotected.

Effective estate planning can reduce tax liabilities for your beneficiaries. Strategies like setting up testamentary trusts or managing how superannuation is distributed can have significant tax advantages. Our lawyers can work with your accountant or financial planner to maximise these benefits. Proper planning may also reduce capital gains tax, protect assets from creditors, and ensure wealth is preserved across generations more efficiently.

You should review your estate plan every few years or when major life changes occur such as marriage, divorce, having children, acquiring property, or changes to your health. Regular updates help ensure your plan stays relevant and legally enforceable. Failing to update it could result in unintended outcomes or leave your estate vulnerable to legal challenges and family disagreements.

Yes, it’s highly recommended. DIY kits or templates often fail to meet legal standards or account for your personal situation. An estate planning lawyer ensures your documents are valid, up-to-date, and structured to avoid future disputes or delays. Legal advice helps you plan effectively and with confidence. A lawyer can also spot potential risks, tailor your documents to complex situations, and coordinate with your accountant or financial adviser.

Without a legal estate plan, your assets may not be distributed according to your wishes and your loved ones may face costly and stressful legal processes. A proper plan ensures that your instructions are clear, your family is protected, and decisions can be made on your behalf if you become incapacitated. It also reduces family disputes, provides financial stability, and ensures key decisions are made by people you trust, not default legal processes.

A complete estate plan typically includes a Will, Enduring Power of Attorney (EPA), Enduring Power of Guardianship (EPG), and sometimes documents like Advance Health Directives or testamentary trusts. It may also address superannuation nominations and business succession. Your plan is tailored to your circumstances, so professional advice is essential. It can also include provisions for guardianship of minors, digital assets, and specific funeral wishes to ensure complete clarity for your family.

Contact us today for an appointment with one of our lawyers. They will be pleased to assist you to create a Will suited to your circumstances.

In Australia surveys show that about 60% of adults do not have a valid Will in place. If you do not have a valid, or up to date Will, you or family may experience the following difficulties:

• Your property may not go to the people you want it to go to. It may not go to them in the shares that you want it to.
• Your wishes as to who you would like to care for your children may not be known.
• Your children may receive their inheritance at the age of 18. You may wish to provide instructions as to how, and when, they receive their inheritance.

Your ‘estate’ is the word used to describe all assets and liabilities in your sole name, or in which you have a distinct interest, when you die.

Assets include items such as a car, house, money in your bank account, clothing, furniture, Refundable Accommodation Deposit, cash and jewellery.

A general rule of thumb is that you should review your Will every 3 to 5 years.

Certain major life events should always prompt you to review your Will to ensure that it is still valid and that it still suits your intentions. For example, you should review your Will if;

• An executor or beneficiary passes away
• Your family grows
• You would like to change your beneficiaries
• You have a new serious partner

The law in Australia is that unless you have a special clause in your Will, your Will is automatically revoked (ie cancelled) as soon as you get married or divorced.

Do not make handwritten changes to your Will- if changes are required, have it done properly by a trusted lawyer. If you make your changes, there could be serious and unintended consequences.