Wills

Wills

 

At Lane Buck & Higgins, our experienced Succession planning lawyers take the time to listen and provide you with sensitive and expert legal advice on Wills and Estate related matters.

 

From drafting up a Will to contesting a Will, we have the knowledge and experience to seamlessly guide you through the legal process, to ensure your assets will be divided as you intended.

If you live in Perth, the South West or the Wheatbelt region, our Wills and Estate solicitors can help you with:

  • Preparing Wills
  • Estate planning
  • Contesting or defending a Will
  • Enduring Powers of Attorney and Enduring Powers of Guardianship
  • Representation before the State Administration Tribunal
  • Testamentary trusts
  • Estate Administration

 

Don’t leave everything you’ve worked hard for to chance. Contact the Succession Planning lawyers at Lane Buck & Higgins for expert advice in preparing your Will.

Some frequently asked questions

What is a Will?

A Will is a vital legal document prepared by a person that specifies the manner in which they would like their estate (money, property and possessions) to be distributed in the event of their death.

 

The two main things you need to consider with a Will are:

  • Nominating an executor who will take control of your assets after you die
  • Choosing your beneficiaries – those who will benefit from your estate

 

A Will can also specify conditions around the guardianship of your children, your funeral and burial wishes, and trusts for the management of your estate.

 

It is important to know that your Will only relates to the allocation of assets you personally own. The distribution of joint assets such as real estate, superannuation, insurance pay outs, or any assets in a family trust are not covered by your Will. But, through careful estate planning, you can ensure these assets are accounted for.

A Will can make sure your estate and assets are shared as you intended. If you die intestate (without a valid Will), your estate may be handled by someone other than whom you would have appointed and your assets will be distributed according to legislation, not who you may wish to inherit them. The implications of this for your loved ones could be devastating.

 

While you can create your own Will, having it drafted by a legal professional who has experience in preparing Wills to ensure your Will is legally valid and accurately captures your final wishes.

Preparing a will can be complex. You need to decide who you wish to leave your estate to, and who you want to administer your Will when you die.

 

Our expert Wills lawyers will guide you through the entire process, provide appropriate legal advice, and draft your Will according to your requests. For your Will to be legally binding, it will also need to be properly witnessed and signed.

 

We recommend updating your will every 5 years or where there is a change of circumstance such as:

  • Marriage or divorce
  • The birth of children or grandchildren
  • The death of a beneficiary or executor
  • Significant change to your financial situation or assets

When a person dies, their estate should eb administered in accordance with their Will. Unfortunately, this isn’t always black and white, and disputes can arise.

 

Certain family members of the deceased are entitled to make a claim against an estate. You further can dispute a Will if you have reason to believe the Will maker was pressured or influenced to make certain decisions, or, was not mentally stable when they signed their Will.

 

When this happens, the Court has the power to make orders regarding the distribution of the deceased assets in favour of those contesting the Will.

If you are a surviving spouse, executor or an administrator of a Will, you have the legal responsibility to defend the provisions of the Will in the event of the Will being contested by a person who was left out of the Will.

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