Wills
A legal will gives you peace of mind that your family and loved ones will be taken care of after your death. Without a valid will, your estate is distributed according to Western Australia's intestacy laws, which may not reflect your wishes.
What we offer
- Simple wills for individuals
- Couples wills (two standard wills at a reduced rate)
- Updates and codicils to existing wills
- Testamentary trusts where appropriate
- Advice on executor appointment, joint tenancy, and the effect of marriage or divorce on your will
Important issues to consider
- Who will act as your executor? This person manages your estate after your death.
- Are any of your assets held as joint tenants? Jointly held property passes to the survivor automatically and does not form part of your estate.
- Have you married or divorced since making your will? Marriage generally revokes a will; divorce affects gifts to a former spouse.
- Do you have children from a previous relationship? Special provisions may be needed to protect their interests.
Can you prepare a will without a lawyer?
DIY will kits are available, but they carry significant risk. A will that is poorly drafted, improperly witnessed, or does not account for your full circumstances can be challenged or declared invalid. The cost of fixing a bad will often exceeds the cost of having it done properly from the start.
Pricing: Single Will $450 plus GST. Couples Wills $700 plus GST.
Probate
Probate is the legal process of proving that a will is valid and obtaining the court's authority to administer the estate. In Western Australia, probate is granted by the Supreme Court.
When is probate required?
Probate is generally required when the deceased owned real estate in their sole name, or when financial institutions require it before releasing funds. If the estate is small and consists only of personal property, probate may not be necessary.
What we do
- Prepare and lodge probate applications with the Supreme Court of Western Australia
- Prepare letters of administration where there is no will
- Prepare letters of administration with the will annexed where the named executor cannot act
- Advise executors on their duties and liabilities
The process
- We obtain the death certificate and the original will.
- We prepare the probate application, including an inventory of assets and liabilities.
- We lodge the application with the Supreme Court.
- Once probate is granted, we assist with collecting assets, paying debts, and distributing the estate.
Pricing: Probate and estate administration fees vary depending on the size and complexity of the estate. We provide a written estimate before any work begins. View our pricing.
Deceased Estates
Administering a deceased estate is a significant responsibility. Executors must collect assets, pay debts and taxes, and distribute the remaining estate to beneficiaries. This process can take months and requires attention to detail at every step.
Executor duties include
- Locating and securing assets
- Notifying banks, insurers, and government agencies
- Paying debts, funeral expenses, and taxes
- Maintaining accurate records
- Distributing the estate according to the will or intestacy laws
- Preparing final accounts for beneficiaries
How we help
We act for executors and administrators throughout the entire process. Edmund Wall handles the court applications, correspondence with institutions, and distribution of assets. You are kept informed at every stage, but the burden of paperwork is ours.
Letters of Administration
When a person dies without a valid will, they are said to have died intestate. In these cases, the court grants letters of administration to an appropriate person, usually the deceased's next of kin.
Intestacy rules in Western Australia
The estate is distributed according to a statutory formula. The exact distribution depends on whether the deceased left a spouse, children, parents, siblings, or other relatives. The formula may not reflect what the deceased would have wanted.
Letters of Administration with the Will annexed
This applies when there is a will but the named executor is unable or unwilling to act, or when the will does not name an executor. The court appoints an administrator to carry out the terms of the will.
Why a will matters
Making a will ensures your estate is distributed according to your wishes, not a government formula. It also allows you to name your preferred executor, appoint guardians for minor children, and make specific gifts.
Enduring Powers of Attorney
An Enduring Power of Attorney (EPA) allows you to appoint someone you trust to manage your financial and property affairs if you lose mental capacity. Without an EPA, your family may need to apply to the State Administrative Tribunal to manage your affairs, a process that is slow, expensive, and stressful.
Who should consider an EPA?
Anyone over 50, or anyone who anticipates possible mental incapacity in the future. It is particularly important for people with early signs of dementia, those undergoing major surgery, and anyone with a family history of cognitive decline.
Key terms
- Donor: The person making the EPA (you).
- Donee: The person appointed to act on your behalf.
- Scope: The donee can manage bank accounts, pay bills, buy and sell property, and make financial decisions. They cannot make health or lifestyle decisions; that requires an Enduring Power of Guardianship.
Discounted rates: We offer reduced fees when an EPA is prepared alongside a will.
Enduring Powers of Guardianship
An Enduring Power of Guardianship (EPG) allows you to appoint a guardian to make personal, lifestyle, and health care decisions on your behalf if you lose decision-making capacity. This includes decisions about where you live, what medical treatment you receive, and who visits you.
Who should consider an EPG?
Anyone over 60, or anyone who anticipates mental or physical incapacity in the future. An EPG is often prepared alongside an EPA and a will as part of a complete estate and incapacity plan.
Key terms
- Appointer: The person making the EPG (you).
- Guardian: The person appointed to make personal and health decisions.
- Scope: The guardian decides on accommodation, health care, support services, and day-to-day living arrangements. They cannot manage your finances; that requires an EPA.
Discounted rates: We offer reduced fees when an EPG is prepared alongside wills.
Home Visits
We provide a home visit service for clients who cannot travel to our premises. This service is available across Perth's northern suburbs, including Joondalup and Wanneroo.
How it works
- Call 0412 891 034 to arrange a home visit appointment.
- Edmund Wall will visit your home at a time that suits you.
- The consultation typically lasts about one hour.
- A travel levy applies, which we will discuss when you book.
Services available via home visit
- Wills and estate planning
- Probate and estate administration advice
- Enduring Powers of Attorney and Guardianship
- General wills and estates consultation
Pricing: Standard Will $450 plus GST; Couples Wills $700 plus GST. Home visit travel levy additional.