Wills & Estate Planning

Wills & Estate Planning
PROVIDING LEGAL ADVICE FOR OVER 45 YEARS

Wills And Estate Planning

It’s not fun to think about, but everyone should have a Will.

If something happens to you and you don’t have a Will, your loved ones will have to go through the hassle and expense of going to court to try and get your estate sorted out. This can take months or even years, and in the meantime your loved ones will be left in limbo.

Avery & Ashoorian Lawyers can help you write a clear, effective, legally binding Will that ensures your wishes are carried out exactly how you want them. We’ll make the process easy for you so that you can rest assured that everything is taken care of.

Avery & Ashoorian Lawyers offer an express Will service for the convenience of our clients, so you can create a comprehensive, legally binding Will in a single appointment.

Make an appointment today, before it’s too late.

If you would like to appoint Avery & Ashoorian Lawyers as executors of your Will, please contact us trough the button bellow.
Contesting a Will

Contesting a Will can be an emotional time for those left out, but it’s important to know your rights and what steps you need to take.

We aim to provide clear information about the legal processes so that no one feels alone during this difficult period in their life- whether they are contesting or dealing with inheritance claims from loved ones who have passed away recently (and may not even remember doing so).

Call today and find out where you stand. 

Estate Planing

ESTATE PLANNERS should establish binding Power of Attorney and Guardianship documents, ensuring that people you trust will be given the power to make decisions on your behalf if necessary. This includes empowering someone with authority over financial matters as well any medical treatments or living arrangements for yourself in case something were to happen to you.

By creating and storing your Will and Estate Plans with Avery & Ashoorian Lawyers, you minimise the chance of your Will being contested and subject to litigation after you are gone – leaving your family and assets in safe hands.

FAQ'S

Many assume that a Will is only necessary if you have a complex financial situation or a large estate. However, there are many good reasons to have a Will, even if your affairs are relatively simple. Without a Will, your assets will be distributed according to the laws of intestacy, which may not be what you would have wanted. Furthermore, if you have young children, it is essential to appoint a legal guardian in your Will. Otherwise, the court will decide who will care for your children, and this may not be your first choice. Finally, having a Will can help to avoid family disputes after your death. Even if you don’t have a lot of assets, having a Will can give you peace of mind knowing that your affairs are in order. For these reasons, it is always a good idea to consult with Avery & Ashoorian Lawyers Perth to discuss creating a Will.

If you die without a Will, you are called ‘intestate’.

If you don’t have a Will in Western Australia, the law decides how your estate will be distributed. This may not be how you would have wanted, and it can cause problems for your family and loved ones. Without a Will, your estate will be distributed according to the intestacy rules. These rules outline who will receive what from your estate, but they don’t consider your wishes or your family’s needs. This can lead to conflict and resentment, which can mean that your estate is not distributed in the most tax-effective way. It’s essential to speak to a Avery & Ashoorian Lawyers Perth about drafting a Will that reflects your wishes and ensures that your estate is distributed according to your wishes. Avery & Ashoorian Lawyers Perth can help you navigate the intestacy rules and draft a Will that meets your needs.

There are many myths and misconceptions about dying without a Will in Western Australia.

One of the most common myths about dying without a Will is that your family will be left with nothing. In reality, Avery & Ashoorian Lawyers Perth can help your family navigate the process of intestacy, which is the legal term for when someone dies without a Will. While it can be a complicated process, it is crucial to understand that your family will still be able to inherit your estate. Another common misconception is that dying without a Will means that the government will take everything. This is simply not true. The government has no interest in your estate unless you have unpaid debts or taxes owed. Another common myth is that lawyers drafting Wills are always looking to take advantage of their clients. This is not true. A lawyer’s job is to ensure that their client’s wishes are carried out as intended and they are not motivated by personal gain. Another misconception is that it is expensive to have a Will drafted. While some initial costs may be associated with having a Will prepared, the long-term benefits far outweigh the costs.

Finally, some people believe they do not need a Will because they do not have any assets. However, everyone has assets, even if they are only personal possessions. Without a Will, these assets will be distributed according to the laws of intestacy, which may not align with the deceased’s wishes. It is important to dispel these myths and misconceptions about dying without a Will so that people can make informed decisions about their estate planning

Updating your Will is integral to ensuring that your wishes are carried out after you die. However, there is no hard and fast rule about how often you should update your Will. Generally, reviewing your Will every few years or whenever there is a significant change in your circumstances is a good idea. For example, if you marry or divorce, have children, or buy or sell property, you should consider updating your Will. You should also update your Will if any of the people named in your Will (such as executors or beneficiaries) die or become unable to carry out their duties. If you are unsure whether or not you need to update your Will, you should get professional legal advice from Avery & Ashoorian Lawyers Perth. They can help you understand your rights and obligations and ensure that your Will is valid and legally binding.

Avery & Ashoorian Lawyers Perth typically recommends that clients review their Wills every three to five years or whenever a significant change in circumstances, such as the birth of a child, the purchase of property or the death of a Beneficiary.

There are several reasons why keeping your Will up to date is so important. First and foremost, your Will should reflect your current wishes regarding the distribution of your estate. If your Will is out of date, it may not accurately reflect your intentions, leading to disputes between your Beneficiaries. Additionally, suppose you have acquired new assets since you last updated your Will; In that case, it is crucial to ensure that these assets are included in the Will so they can be distributed according to your wishes. Finally, if you have named Executors in your Will, it is essential to ensure that these individuals are still willing and able to act on your behalf. If they are no longer able or willing to serve, it is essential to appoint new Executors who can carry out your instructions. By keeping your Will up to date, you can help to ensure that your wishes will be carried out after you pass away.

Avery & Ashoorian Lawyers Perth typically recommends that clients review their Wills every three to five years or whenever there is a significant change in circumstances. If you die without having made a Will, your estate will be distributed according to the laws of intestacy in Western Australia. These laws determine who will inherit your property and how much they will receive. However, your estate will be distributed according to your wishes if you have made a Will. It is important to note that any assets acquired after the Will is written will not be included in the Will unless you specifically state otherwise. As a result, it is advisable to regularly review your Will to ensure that it accurately reflects your current circumstances. If you have any questions about how your assets will be distributed, you should speak to one of our lawyers at Avery & Ashootrian. We can provide you with expert advice on estate planning and ensure your wishes are fulfilled.

The cost of a Will will depend on several factors, including the complexity of your estate and the number of beneficiaries involved. However, as a general guide, you can expect to pay anywhere from $500 to $1,200 for a basic Will. If you have a more complex estate or need to include special provisions such as trusts, you may need to pay more. Avery & Ashoorian Lawyers Perth can assist you with drafting a Will that meets your unique needs and circumstances. Contact us today to discuss your requirements and get a free quote.

When it comes to preparing your Will, it’s crucial to choose a location that is both safe and accessible. Many people choose to keep their Will with their lawyers, but this isn’t always the best option. If something happens to your Lawyer, it can be difficult for your family to track down your Will. Additionally, if you move or change lawyers, you’ll need to remember to update the location of your Will. 

A safer option is to keep your Will in a fireproof and waterproof safe at your home. This way, you can be sure that your Will is always accessible and secure. 

Avery & Ashoorian Lawyers Perth can assist you with finding a safe and secure place to store your Will. They can also advise you on how to ensure that your Will is valid and up-to-date. Contact Avery & Ashoorian Lawyers Perth today to learn more about how they can help you protect your assets and ensure that your wishes are carried out according to your Will.

If you are putting together a Will, choosing an executor is one of the most important decisions. An executor is responsible for managing your estate and carrying out your final wishes. They will need to be organised and level-headed and be someone you can trust implicitly. In most cases, choosing a close family member or friend is best. 

An executor is a person (or sometimes an organisation) responsible for ensuring that your final wishes are carried out. This includes distributing your assets according to your Will, paying any debts or taxes that are owed, and dealing with any other administrative tasks. 

However, if you do not have someone in mind who meets all of these criteria, you may want to consider appointing a professional executor, such as a Avery & Ashoorian lawyer. Lawyers Perth is experienced in managing estates and can provide peace of mind that your final wishes will be carried out in a timely and efficient manner. Appointing a professional executor may cost more upfront, but it can save your loved ones a great deal of stress at an already difficult time. We can provide you with expert advice and guidance on this issue and help you to make the best possible decision for your circumstances.

A Will is a legal document that sets out how you want your property and possessions to be distributed after you die. You can also use a Will to appoint a guardian for your children. An enduring power of attorney (EPA) is a legal document that allows you to appoint someone to make financial and legal decisions on your behalf if you become unable to make those decisions yourself. For example, if you become incapacitated due to illness or injury. An enduring power of guardianship (EPG) is a legal document that allows you to appoint someone to make lifestyle decisions on your behalf if you become unable to make those decisions yourself. For example, decisions about where you live or what medical treatment you receive. You can make an EPA and/or an EPG without making a Will, but it is generally advisable to have all three documents in place. This is because if you die without a Will, your property will be distributed according to the laws of intestacy, which may not align with your wishes. If you become incapacitated without an EPA in place, there may be no one with the legal authority to manage your finances and/or make decisions on your behalf. If you become incapacitated without an EPG in place, there may be no one with the legal authority to make decisions about your lifestyle, including decisions about your medical treatment and where you live. Avery & Ashoorian Lawyers Perth can help prepare these documents for you so you can have peace of mind knowing that your affairs are in order.

A Power of Attorney is a legal document that gives someone else the authority to make decisions on your behalf, including financial and/or legal decisions. You can appoint more than one Attorney, and you can specify what powers you want them to have. For example, you may give your Attorney the power to manage your bank accounts, pay your bills, or buy or sell property on your behalf.

This can be useful if you become incapacitated and cannot make decisions for yourself. However, there are a few traps to be aware of when creating a Power of Attorney:

  1. It is essential to choose someone you trust completely. This person will have a great deal of power over your affairs, so you need to be confident that they will act in your best interests.
  2. You need to be very specific about the decisions this person will be able to make. If you give them too much power, they could make decisions you would disagree with.
  3. It is vital to remember that a power of Attorney can be revoked at any time.

So if you have any concerns about the person you have chosen to act on your behalf, you can always change your mind later. By keeping these traps in mind, you can ensure that your power of Attorney is a helpful tool rather than a burden.

You can use your Will to nominate who will take care of your children after you’re gone. This is called appointing a guardian. You can appoint more than one person and appoint different people to care for different children. If you have young children, it’s crucial to consider who you would want to take care of them if something happened to you. If you don’t appoint a guardian in your Will, the court will decide who will care for your children when you die. This is a difficult decision to make, but it’s one that Avery & Ashoorian Lawyers Perth can help you with. They can advise on who would be the best guardian for your children, help you understand the implications of appointing a guardian, and make sure that your Will is valid and legal. Making this decision now can give you peace of mind knowing that your children will be taken care of if something happens to you.