Wills and estate planning

Your Will

A Will is a legal document which describes how your assets are to be divided upon your death and who will take charge of your estate. Discover the convenience of our Wills on the spot service.

Why you should make a Will

Despite the fact that we’ll all kick the bucket sooner or later, nearly 45% of Australians do not have a Will. Here are 10 good reasons why you should make a Will:

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1. You decide who benefits from your estate

If you die without leaving a Will, your estate will be divided according to an arbitrary formula set out in the Administration Act. The people you’d like to benefit may not end up with your assets. Contrary to popular belief, your spouse may not get everything!

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2. Appoint someone to take care of your children

If you want a specific friend or family member to take care of your children when you die you need to appoint them as guardian in your Will. If you don’t, the Court may choose a guardian for you.

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3. Save your family time and money

A properly drafted and signed Will will enable your estate to be wound up with minimum hassle and cost.

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4. You decide who manages your affairs

By making a Will, you can appoint a trusted friend, family member or professional to take control of your estate on your death.

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5. Prevent unnecessary grief

A Will gives clear directions to your family and friends, making it easier for them to deal with your assets when you die. This will help avoid unnecessary stress in circumstances where your family are already grieving.

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6. Enable your family to carry on your business

If you are a sole director and shareholder of your company and die without a valid Will, your death may leave your company without any person properly authorised to immediately manage your business.

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7. Your current Will may be invalid

Unless your Will specifies otherwise, your Will is revoked when you marry or divorce.

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8. Tax

Depending on the size of your estate it may be worthwhile considering setting up a testamentary trust to reduce the amount of tax that your beneficiaries will pay on the income received from your estate.

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9. Making a Will is easy!

If your affairs are straightforward, you can give us instructions to prepare your Will using our online form. The whole process should take you less than 20 minutes.

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10. Making a Will doesn’t mean you are about to die.

Although making a Will may be daunting, it doesn’t mean you are about to die! What it does do, however, is give you peace of mind.

 $198

Making your Will or reviewing your existing Will with us is easy and convenient and usually takes only one short consultation.

Make your Will

Our advanced interactive forms enable our lawyers to prepare your straightforward Will on the spot in around 30 minutes. Your consultation fee ($198) includes preparing a new straightforward Will and safe-custody storage. Additional straightforward Wills are $198 each.

Review your existing Will

We'll review your existing Will at a consultation ($198). If you require a new straightforward Will we can prepare it on the spot at no extra charge. Additional straightforward Wills are $198 each.

   

Complex Wills & estate $385
planning conference

If your affairs are complex or you require estate planning advice, book a consultation to discuss your requirements. Following the conference we will give you a quote for preparing your Will and any other services.

We recommend an estate planning conference if you:

  • require estate planning or capital gains tax information;
  • have identified the possibility of your Will being challenged under the Family Provision Act 1972 (WA);
  • intend to make a Mutual Will or enter into an agreement not to revoke your Will;
  • intend to give your property away with certain conditions attached - for example rights to purchase or life estate interests;
  • intend to create any testamentary trusts;
  • intend to leave long lists of gifts or gifts to charity;
  • have an interest in a family company, family trust, business or partnership;
  • have a self-managed superannuation fund;
  • own assets outside of Australia; or
  • do not understand the English language or are unable to sign your name
   

Mutual Wills Agreement

$2,750

It is open to you to enter into an agreement with another person (e.g. your partner) promising not to change your Wills without the consent of the other person.

We can prepare your Mutual Wills Agreement and Wills.

Book an estate planning consultation to get started.

 
 
Lucy Dickens

Lucy Dickens

9220 4433

Why we are here

All you need to know about executors

What does my executor do?

Your executor is the person you nominate in your Will to administer your estate and carry out your wishes upon your death.  The duties of an executor include the following:

  • taking charge of and protecting your assets;
  • making arrangements for your funeral;
  • satisfying all interested parties including the beneficiaries named in your Will;
  • if necessary, obtaining an authority to administer your estate in the form of a Grant of Probate from the Supreme Court;
  • paying funeral expenses and any debts of your estate;
  • finalising income tax returns; and
  • selling or distributing your assets according to the directions in your Will.

Who should be my executor?

Your executor does not need any special qualifications, but you should choose someone reliable. Your executor is not bound to act for you so it is wise to talk the matter over with them first.

If your chosen executor requires professional assistance, he or she can engage a lawyer or other professionals when the time comes.

The choice of executor is entirely up to you but the following points may help you decide:

  • If you are leaving everything in your Will to one person only (such as your spouse) it makes sense to appoint that person as your executor.
  • If you are leaving everything to your children in the event that your spouse dies before you, then consider appointing one or more of your children (over the age of 18) as your alternative executor.
  • You can appoint a trusted family friend or relative.
  • You may make a direction in your Will that your executor engage lawyers such as Birman & Ride to assist them in the administration of the estate.

You can appoint a professional executor such as the Public Trustee, a trustee company or a firm of solicitors such as Birman & Ride.

Should I appoint a professional executor?

Sometimes there are advantages to having a professional executor:

  • your family will not have to make many decisions about your affairs and much of the work will be done for them;
  • the executor will have all of the skills necessary to wind up the estate quickly; and
  • the executor will be independent and impartial if a dispute arises.
Birman & Ride

If you would like to have a professional executor we can act on your behalf and administer your estate in an independent and professional manner. You may appoint us to act as your executor jointly with trusted family friends or relatives.

Trustee Companies and the Public Trustee

Trustee companies, including banks, offer Wills appointing themselves as your executor. When you die they administer your estate and deduct a fee which, in many cases, is calculated as a percentage of your estate.

The Public Trustee offers a substantial discount on the fee for preparing your Will if you appoint him as your executor. When you die he charges for estate administration on a fee for service basis.