At Vibe Legal, our Wills and Estate Planning team are experienced in providing advice on all matters relating to will-writing and estate planning. Vibe Legal lawyers understand that anything to do with legal issues can be complex and daunting. An important part of our service is breaking down legal complexities into practical information that is easy to understand.
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.
Did You Know?
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.
Vibe Legal can offer you legal advice in relation to your Will.
An application for a Grant of Probate is the process of submitting a deceased person’s Will to the Supreme Court of Western Australia formally recognising the deceased person’s will and the value of the assets of the estate, and granting 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.
Vibe Legal can offer you legal advice in relation to an application for a Grant of Probate.
Enduring Power of Attorney & Enduring Power of Guardianship
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.
Vibe Legal can offer you legal advice in relation to Enduring Power of Attorney and Enduring Power of Guardianship.
Advance Health Directives
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.
Vibe Legal can offer you legal advice in relation to Advance Health Directives.
Inheritance/Family Provision Act Claims
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) fails to make adequate provision for them.
Under the Family Provision Act 1972 (WA) persons eligible to make a claim include:
- Spouse or de facto partner of the deceased
- Child of the deceased
- Parent of the deceased
- Grandchild of the deceased (limited
- Stepchild (limited circumstances)
There are strict time limits in which a claim under the Family Provision Act 1972 may be brought.
Vibe Legal can offer you legal advice in relation to claims under the Family Provision Act 1972.
Guardianship and Administration Orders
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 to 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.
Vibe Legal can offer you legal advice in relation to Guardianship and Administration Orders.