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Engaging a lawyer for advice on matters relating to will-writing and estate planning can be complex – and emotional. Vibe Legal’s experienced Wills and Estate Planning team are known for our compassionate and sensitive approach, ensuring legal complexities are broken down into practical information that is easy to understand.
Starting the ball rolling can be daunting, but it’s important to remember that the best time to arrange your Will is today. Don’t keep putting it off – Vibe Legal’s friendly and helpful team are here to support you and will ensure the process is as stress free as possible.
Vibe Legal is experienced in all facets of Wills and Estates Law. If you’re unsure what service or support you need, please reach out to our helpful team. We are more than willing to walk you through what is best for your individual situation.
If you have married or been divorced since you made your last Will, your Will may have been automatically revoked, even if that was not your intention.
In its simplest form, your Will outlines how you want your assets to be distributed after your death, to make provision for those left behind. Without a Will, your assets may not be distributed in accordance with your wishes. If you have made a Will previously, you should ensure that it reflects your current wishes and family circumstances.
There are approximately 2 million small businesses in Australia. Many such businesses operate with more than one owner who together may manage the small business.
An owner may die or suffer from a disability and be unable to continue to work in the business. The other owners may not want the “outgoing” owner’s family to be involved in the ownership and ongoing management of the business.
To deal with these possibilities, the owners can agree together what will happen if one of the owners dies or is disabled. Vibe Legal can assist with your Business Succession Plan.
An application for a Grant of Probate is the process of submitting a deceased person’s Will to the Supreme Court of Western Australia. This formally recognises the deceased person’s Will and the value of the assets of the estate – and grants the executor of the estate the authority to deal with the deceased person’s assets. It is necessary to obtain a Grant of Probate in all cases, except for estates of minor value.
With an Enduring Power of Attorney, you can appoint someone to act as your attorney in the event of your subsequent incapacity or inability to deal with your financial affairs. This can be important, for example, to ensure continuity in payment of bills and your lifestyle. If you do lose your legal capacity to deal with your financial affairs, without an Enduring Power of Attorney in place it may be necessary for your family members to seek an order from the State Administrative Tribunal to determine who may legally deal with your financial affairs (see Guardianship and Administration Orders). With an Enduring Power of Guardianship, you can appoint someone to act as your guardian in the event of your subsequent incapacity to make lifestyle and medical decisions.
An Advance Health Directive is a document that contains your decisions about potential future medical treatment and can be relied upon in the event you do not have capacity to make those decisions at the relevant future date. You can make an Advance Health Directive in which you either provide consent or refuse consent for future medical treatment.
If you are concerned that a member of your family may have lost capacity to deal with their financial affairs or make lifestyle and medical decisions for themselves, it may be appropriate to seek an order from the State Administrative Tribunal who will have someone appointed to make those decisions on their behalf. The circumstances in which the State Administrative Tribunal will intervene and interfere with a citizen’s right to make their own decisions are limited.
In Western Australia, certain persons may contest the proposed distribution of a deceased persons estate if the Will or Law of Intestacy (if there is no Will) fail to make adequate provision for them. There are strict time limits in which a claim under the Family Provision Act 1972 (WA) may be brought, however persons eligible to make a claim include:
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