Wills, Enduring Powers of Attorney & Enduring Powers of Guardianship
What is a Will?
A Will is a legal document in which you express your intentions in relation to the distribution of your property (both real estate and personal property) upon your death. You appoint a person or people of your choice to administer your estate (known as your executor) and to carry out the terms of your will.
You also choose beneficiaries (people or organisations) to receive part or all of your estate and you can also nominate beneficiaries to receive specific gifts (such as a specific sum of money or a sentimental item).
If you don’t have a Will, your estate is distributed in accordance with the Administration Act 1903 (WA). Having a legally valid Will is important to ensure that your wishes are communicated clearly and your estate is distributed according to your wishes.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney allows you to appoint a person/s of your choice to make property and financial decisions of your choice. It is a legal document which may be accepted by financial institutions and Landgate (if your attorney has to sell your property) as proof that your attorney has the authority to act on your behalf.
The Enduring Power of Attorney can be effective immediately upon you signing the document, or it can be effective only upon proof of you losing legal capacity and then requiring your Attorney to obtain an order issued by the State Administration Tribunal.
What is an Enduring Power of Guardianship?
An Enduring Power of Guardianship is a legal document that gives a person or people of your choice the ability to make medical, lifestyle and personal decisions on your behalf. You can authorise your Enduring Guardian/s to perform all functions on your behalf or you can select specific functions (such as solely for medical treatment decisions or where you are going to live).
You can give directions in your Enduring Power of Guardianship as to the circumstances in which they may act. You can also select specific directions in which they can perform their duties. Your Enduring Guardian must be over the age of 18 years and should be available and capable.
- Complete an Instruction Form and return it to us together with payment.
- We draft your documents and send them to you for you to check.
- Once you have approved the documents, we arrange a time for you to attend our office to sign the documents. We also verify your identity at this time.
- After you have signed the documents, we keep copies and return the originals to you.
If you have questions in relation to your documents, contact us on 9470 6523 to discuss.
How much does are the fees?
We offer fixed price fees for Wills, Enduring Powers of Attorney and Enduring Powers of Guardianship. The prices below are inclusive of GST and office costs.
|Couple Wills (husband/wife/de facto partners)||$330|
|Single Translation (if you require your Will to be translated from English to Italian)||$280|
|Couple Translation (if you require your Will to be translated from English to Italian)||$440|
We can provide advice and prepare complex wills tailored to your personal requirements. We will provide you with an estimate of fees after we have received your instructions.
Enduring Power of Attorney
We recommend that if you own property in your name that you instruct us to register your Enduring Power of Attorney at Landgate. The fees for this are as follows:
|Attendance fee at Landgate||$44|
|Landgate registration fee (2020/2021) for each Enduring Power of Attorney||$178.20|
Enduring Power of Guardianship
The Complete Estate Package
If you’d like to have your Will, EPA and EPG prepared, our fees are as follows:
This includes GST and offices costs but doesn’t include Landgate registration of your EPA or translation of any documents.
Where is the best place to store a will?
Your original Will is the document which is used by your executor to apply for a Grant of Probate from the Supreme Court. Your Will should be kept in a safe place where you and your nominated executor are aware of. You may wish to consider one of the following places:
- In a safe or a secure place at your home where you keep other important documents, such as Passports or Certificate of Title documents;
- With the WA Will Bank – see more information here;
- In a safe deposit box at your bank.
You should also provide a copy to your executor. After your death, it’s important that your executor has your original last will in order to apply for a Grant of Probate. If your will is not found and there are no copies available, then your estate may be distributed in accordance with the Administration Act 1903 (WA).