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Irving Law has expertise in preparing the following Wills and related documents for clients in Perth and Western Australia:
- Wills – two kinds: basic and testamentary trust Wills
- Enduring Powers of Attorney
- Enduring Powers of Guardianship
Our priority is to take care of our clients and provide them with high quality documents designed for their specific needs. Yes, it may be cheaper to buy a Will Kit from the newsagent and fill the form in yourself. But if you are willing to pay for a professionally drafted Will prepared by an experienced lawyer, we promise to give you our best effort to create a document that suits your unique needs and situation.
DISCOUNTS: We offer discounts for people who order two or more Wills together (e.g. spouses, siblings, domestic partners, parents and grown up children).
WHY HAVE A WILL?
Having a Will provides peace of mind that, when you die, your affairs will be looked after by your chosen Executor, in exactly the way you have directed in your Will.
Do you really need a Will? What happens if a person dies without making a Will? Please read our blog post on that subject.
Do you have assets located in a foreign country (i.e outside Australia)? To read our blog post on that subject: please click here.
WHAT’S WRONG WITH USING A WILL KIT ?
Wills made using a Will-making kit are fine, but can have limitations, for example:
1. The template is a “one size fits all” product. For example, we have seen a Will kit that relies on trustee powers being supplied to the Executor by the laws of the State in which the Will is made. Those powers may not be strong or extensive enough to achieve everything the Will-maker wants to happen.
2. Wills have high technical requirements. A simple mistake by a person making a DIY Will, for example when signing the Will, could invalidate the Will entirely. One of the advantages of hiring a lawyer to help you with your Will is that they know the legal rules that apply to making Wills.
WHAT IS AN ENDURING POWER OF ATTORNEY?
An Enduring Power of Attorney is a document that takes effect when the person who made it becomes too sick to manage their business affairs, and appoints an Attorney to manage their business affairs for them. Read more.
WHAT IS AN ENDURING POWER OF GUARDIANSHIP?
This document is like an Enduring Power of Attorney, but applies to a person’s lifestyle and treatment decisions. Under the Enduring Power of Guardianship, the maker appoints a Guardian to make health and lifestyle decisions for them.
WHAT IS A “TESTAMENTARY TRUST” WILL?
A Testamentary Trust Will is a special type of Will which creates a trust, similar to a discretionary or “family” trust, when the Will-maker dies. Creating a trust, instead of giving gifts directly to beneficiaries, may have advantages. For example:
- the trust property can be managed professionally going forward
- rules can be set up to include or exclude persons from participation in the trust as beneficiaries, e.g. if the Will-maker’s child gets married, the spouse can be included as a beneficiary, but if the spouse separates from the child, the spouse can be excluded automatically
- having the gifts go into a trust, instead of directly to the beneficiaries, can have taxation advantages for the beneficiaries
Although a Testamentary Trust Will is longer and more complex than a Basic Will, and therefore costs more in legal fees, in the right situation it can have tremendous value for a Will-maker and his or her family members.
READ MORE about testamentary trusts and Testamentary Trust Wills.
THE BIGGER PICTURE
Having a Will is very important, but it is only one aspect of your estate planning activity. What have you done about your retirement savings, investments and superannuation? Irving Law has a network of trusted professional colleagues working in areas like financial planning, accountancy, and real estate. We provide our clients with referrals to these persons as part of our service.
CONTACT US NOW
If you are in Perth or Western Australia and need assistance with a Will, an Enduring Power of Attorney, or an Enduring Power of Guardianship, please contact Irving Law – trusted Will Lawyers in Perth.