Wills and Estate Planning & Probate for Perth

Making or Writing a Perth Will for Perth Residents

Residents of Perth Urgently need to get their Perth Will Written or Updated

Did you know that that dying without a Will causes immense problems for your family?

Do you have a Will?

Surprisingly a massive 53% of the Western Australian population die without a Will or intestate and that includes people like you from Perth.

The trauma it causes to the remaining family members can be immense. With some family relationships permanently damaged for life that are never fixed as a result of no will or a poorly put together Will.

We come across stories weekly of the trauma and horror family members put each other through as a result of a loved one passing away without a Will.

Our job is to solve many of these problems for Perth families quickly and easily but we want you to know that they can be mostly avoided by making sure that you, your parents, your partner, your adult children and YOU most importantly have a Will.

Horror Will Story 1: Divorce and unexpected death with no updated Will

Mark and Amy were married for 15 years and had two children together, Felicity and Helen, before they divorced. Some years after her divorce, Amy began a relationship with Steve.

After living together for a couple of years, Amy and her partner Steve owned three properties as joint proprietors worth $2.2 million in total.

The only assets in Amy’s sole name were shares and a bank account collectively worth $435,000.

Amy sadly and unexpectedly passed away. She did not have a Will. If Amy had of know she was going to die, she probably would have organised a Will, but many times we see families where this is not organised even though their loved ones are sick.

You might not realise but If you do NOT have a Will, legislation determines who receives your assets after your death. Your estate will be distributed in accordance with intestacy laws from each state, which can have unintended consequences.

Under the intestacy provisions of the Administration and Probate Act, in Amy’s case…

Her children Felicity and Helen received nothing from their mother’s deceased estate;
and Steve was the sole beneficiary.

The situation above is not uncommon. Furthermore, there are numerous circumstances where the laws of intestacy may be inappropriate for you and your loved ones.

Note: Names have been changed.

Estate division for different children from different relationships

Another common situation is that you might want to divide your estate differently. Maybe you have both biological children and step kids that you want to provide for.

Children with disabilities who require long term support or leaving money to siblings can be specifically ensured within a Will.

If you have children that are minors, chances are you’d rather they receive their trust money in gradual disbursements, not all at once when they turn 18.

You can address any of these scenarios in your Will. However, without a Will the money that you wanted to go to your disabled child might not get divvied up that way.

In the event your children need financial assistance from you, they will inevitably need it upon your death.

Horror Will Story 2: A lack of a Will destroys sibling relationships

For one man his father’s death (without a Will) lead to massive sibling arguments, threats and an all-out family war. This was over the deceased father’s large farm estate.

The son working on the farm went to court to win the case to keep the farm which deprived the other siblings of their share of the estate.

This led family members to seek revenge and lead to years of malicious activity. False family secrets were anonymously shared with work colleagues and close friends of the man. These resulted in distrust and broken relationships as well as work problems.

So, because his father had not carefully thought about his Will and how to protect all his children, he unknowingly destroyed his families bonds.

Ask yourself if this is what could happen to your family, should you die without a Will?

Horror Will Story 3: A series of events leaves loved granddaughter and her father’s relationship ruined.

John who was very close to his only grandchild wished to leave part of his estate to her. John and his granddaughter spent a lot of time together and he promised her that one day she would benefit from his hard-earned wealth.

He explained that he was leaving his estate to his only child, her mother, who would eventually pass it on to her.

The plan was on track. When he died, the girl’s mother inherited everything. But shortly afterwards, her mother died suddenly. The inheritance went to her husband, the girl’s father remarried a few years later.

That’s where things went awry. The girl, now an adult, asked her father for some of her grandfather’s money so she could start a business. He refused, saying he needed the money to buy a house for his new wife and stepchildren and to pay for their education.

She argued that her grandfather had promised her the money, but the father refused to budge, insisting, “it’s my money now.” That was the last time the girl ever spoke to her father.

If the grandfather had left a trust for his granddaughter, so that when she came of age the money was available to her and her alone, then the relationship between the granddaughter and her father would still be in tact.

As these three real stories show you, it is not uncommon, sadly, for unexpected deaths and no one is immune to death.

You might think now that your family gets along just fine and that they can handle the division of estates. However, this is not always the case and it is better to avoid long court battles by not only having a Will, but updating it when necessary.

Covid-19 Impact

All Australians should be willing to face their mortality as Western Australia navigates the Covid-19 Pandemic and should work to have a plan in the event they pass.

This should be whether you are 18 years or 81 years old. Clairs Keeley Lawyers are Will specialists and deal with writing up Wills, dealing with Will Disputes, Probate and more. We can offer you advice over the phone, via video conference or over emails if possible to help you organise your Will.

We recommend that it is important to review your enduring powers of attorney and guardianship documents and contact us if you require new documents drafted. Again, we can provide a virtual service for these documents along with other estate planning documents, or we can meet up at our offices.

In the last three years the amount of Australians getting a Will organised is getting lower, and surprisingly the rate of people stating their reasoning as “not knowing how to” has increased! Have you ever asked the question “how do I set up a Will?” Well, we can help.

A simple phone call or an email will hopefully put your mind at ease and let you know that the process is not as scary as many Australians think it is.

The first step is easy, contact a professional. A trusted and experienced Perth Wills and Estate Lawyer can walk you through the steps and help you write your Will. This is the most time effective way as they know what is legally required.

A lawyer can talk you through anything you might be unsure of such as “can I include XYZ or what will happen to my pets when I die?” Never be afraid to ask questions as this is how you can ensure your Will suits your needs and this is what the lawyers are there to help you with.

Our estate planning meetings usually last for 60 minutes. We understand that some of our clients like to know the types of questions they will be asked before they attend their appointment.

Our lawyers will ask you about your finances, your family situation, your health, and what you want to include in your will. Family trusts or a self-managed super fund will require a copy of the trust deed and any amending deed.

Questions you will be asked include do you have the following:

A Will
Power of Attorney
Enduring Power of Attorney
Enduring Power of Guardianship
Advance Health Directive

Please bring those documents to your first meeting if you have them. If you don’t yet have any of the documents, let us take the mystery out them for you.

After we have taken your instructions and gained an understanding of your financial and family situation we will advise you on the appropriate documents required to create your estate plan.

We will also give you a fixed price which will be dependent on the type of documents required to distribute your assets according to your wishes in the most tax-effective way possible.

Other Wills and Estate Services that we specialise in:

Family law in Perth Services:

Some Business Property Services for Perth

Our Multi-Disciplinary Team Can Also Assist With

Family Dispute Resolution Perth
Family Law Mediation Perth
Wills and Estate Planning Perth
Probate Lawyer Perth
Perth Property Lawyer
Family Lawyer Perth
General Perth Family Law Issues

Contact Us

Clairs Keeley Lawyers are specialist Will Lawyers for Families from Perth to Perth and all across WA.

Please phone on (08) 9228 0811 or email us (Fill in the form on this page) to get quality advice.

TESTIMONIALS

Thanks to Vincent and Clairs Keeley for their help, advice and guidance in resolving a family law matter in a timely and professional manner.

I have been very fortunate to have had the guidance and support of Debbie Clinch from this law firm after my separation. I recommend Debbie highly. With her never ending assistance, I have been able to arrive at an agreement with my ex-husband and avoid facing court. Debbie has kept me one step ahead of the game throughout this process, due to her in-depth knowledge… Read more “Wonderfully Direct and Honest Approach”

During the rather stressful period following our father’s passing earlier this year, Randika helped us quickly obtain probate and was unfailingly professional, efficient and affable. He patiently explained each step in the process, leading us through a recommended change in Executors and assisting with correspondence with the Public Trustee about an earlier will. Randika and the other staff at Clairs Keeley Lawyers were a pleasure… Read more “We shall not hesitate to call on their services if we need them in the future”

It’s such a relief this process is complete and I’m very grateful for all the work undertaken by the team at Clairs Keeley to get me there. This time last year I couldn’t have imagined that progress would be made so rapidly and that I’d be where I am today. After 4 years of constant worrying about a financial settlement, it is remarkable that once… Read more “Relieved and Grateful”

I am immensely grateful to Curtis Ward and Lucy Howe at Clairs Keeley for their very careful, professional guidance and support during a very difficult time. Thank you very much for the thoroughness in everything that was done and thank you very much for your kindness as well.

Vincent and Clairs Keeley were wonderful! Vincent was so responsive, and I really felt that he had my best interests at heart. I also felt secure and assured by his professionalism and confidence in handling my case since day 1. I am glad for making the right decision in engaging Clairs Keeley through this difficult time.

Debbie and Clairs Keeley helped me finalise my family law matter and I am now able to move on with my life. I would like to thank Debbie, Curtis and Lucy for making this process straight forward, and achieving the fairest outcome to both parties.

I would like to sincerely thank Curtis and the team at Clairs Keeley for all their help and advice in finalising my family law matter. I would have no hesitation in recommending the team in the future.

I am extremely pleased I chose Vincent and Clairs Keeley to assist me with my family law dispute. Vincent worked with me through a difficult time to get to a positive, cost effective resolution. I am now able to move on with my life.

Thank you again for your services and for the ease with which we were able to make this property transaction happen with Clairs Keeley.

Clairs Keeley helped me finalise my family law matter and I am now able to move on. Vincent, who represented me understood my goals and he focused on these though out the whole process. Thank you for your service.

Vincent and Clairs Keeley helped me finalise my family law matter and I am now able to move on with my life.

Madeline thank you again for working with me to get a good outcome through challenging circumstances. Highly recommended.

I wanted to say thank you for all of your expertise and assistance during the latter part of the year. I’m sure a lot of what you did for us did not stretch your legal talents, but your composure, willingness to listen and concise advice were greatly appreciated.

Thank you, Clare, Vincent and Ashley, for all of your assistance during this difficult time. Thanks again, you have all been very helpful.

I was referred to Vincent and Clairs Keeley by a long time business associate. At my first meeting with Vincent I was impressed by his calm and logical approach to what was a complex family law matter. I found the law system to be a long and stressful process made more difficult by COVID-19. Vincent and his assistant, Jayde helped to reduce the stress with… Read more “Helped To Reduce The Stress”

Emma De Giorgio and Debbie Clinch supported me during a pivotal and challenging point in my life to make wise legal decisions which resulted in an outcome that gave the whole situation peace and clarity. Thank you for your support.

Ian was able to offer guidance and legal advice with very little notice. I wouldn’t hesitate to use Ian and the team at Clairs Keeley again. Excellent support when I needed it the most!

Thank you Emma for helping me through this very stressful journey. I appreciate everything you did. It was very reassuring to know that you worked on my behalf.

Thank you both for all your hard work and guidance during what has been a very difficult past year. Your compassion, advice and professionalism certainly made the process easier for me and I really appreciate that.

I was tasked with settling my mother’s 20 year old estate, which was by no means either a straight forward or simple affair. Ian Clairs was recommended by a colleague and proved to be more than worth the recommendation. With changes in law, disputes between beneficiaries, Ian gave the effort, patience, knowledge, understanding and guidance to what was at times, a very frustrating saga and… Read more “Well Worth The Recommendation”

Many thanks to Ian Clairs and all the team for your kind administration of all my legal matters.

Debbie Clinch is highly ethical, professional, experienced, competent and confident in her performance in court proceedings and interactions with the other party’s lawyers. Debbie is sensitive and sympathetic to the pain of the process in divorce/separation while also providing realistic expectations. Debbie was accessible at all times. She will go ‘the extra mile’ for her client and is deftly able to pitch her interaction according… Read more “Goes The Extra Mile”

Vincent and Clairs Keeley have been able to help me through a difficult time and I am very grateful to you for your guidance, time and effort to have this sorted in a timely manner.

Vincent and Clairs Keeley were able to help me through a difficult and I am grateful to them for their guidance.

Debbie Clinch I found to be very professional, patient and thorough. Her experience, healthy working relationships with other lawyers (in the Family Court setting) and experience in solving matters out of court by negotiation was invaluable. It is my perception that Debbie is known by Magistrates to be sensible, reasonable and practical. Debbie is good at telling you what you need to know and do… Read more “Professional, Patient and Thorough”

Thanks to Vincent and Clairs Keeley for their professional and balanced advice at an emotionally difficult time. Thanks to them, I have been able to move forward with my life in a positive and meaningful way, and reclaim my equilibrium.

Thanks very much for your work. We all think you did a great job.

Randika, I just wanted to say, thank you so much for all your advice and wisdom, we truly appreciate and value your guidance in our contested estate matter. It’s good that from our perspective thanks to you, we are now better equipped in these dealings, and it has made both of us far more comfortable.

I would like to thank in particular Vincent but also Clairs Keeley for giving me a sense of clarity through a difficult period of my life. I was given step by step instructions in going forward. Vincent gave me an understanding of the legal obligations I needed to acquire and helped me through this. He went beyond the call of duty and for this I… Read more “Gave Me A Sense Of Clarity”

I do speak about Clairs Keeley and Debbie very favourably to my friends and note their professionalism, ethics and care. I would have no hesitation in recommending them to anyone requiring legal services.

Vincent and all the team at Clairs Keeley were able to help my son finalise a family law matter in a very professional and timely manner. Vincent explained the process in a manner than was very easy to follow. We are very grateful to them all for the guidance.

After our first conversation with our lawyer Randika in relation to a complex estate matter had my wife and I feeling like a weight lifted off our shoulders. It was a very stressful time for us but Randika advised us and helped us navigate this matter meticulously. He was so genuine and caring and he truly went out of his way to help us. As… Read more “A weight lifted off our shoulders”

Thanks for your time, patience and advice Penny, and thanks to Debbie, Jayde and all at Clairs Keeley.

Vincent and his team at Clairs Keeley helped me with a challenging family law matter and I will be forever grateful for the professionalism and compassion shown to me during this difficult period.

I am extremely grateful to both Debbie Clinch and the whole team at Clairs Keeley Lawyers. I was always treated with respect, dignity and compassion. I cannot recommend them highly enough.

As a solicitor who often engages with Vincent to assist clients who are resolving disputes when separating, I would strongly recommend Vincent Tan as a mediator. Not only does he get great results for our clients but he assists them in a compassionate and caring way, whilst still being affordable. Vincent works with our clients during what is often the most difficult time of their… Read more “Mediation With Great Results in Difficult Times”

I would like to sincerely thank Debbie and the Clairs Keeley Team for their guidance and assistance over the past few years with my International Family Law Matter/Financial Settlement. Debbie’s advice made an at times difficult journey less stressful and for that I am sincerely grateful as I move forward with my life.

Thank you for your support and legal guidance throughout my financial separation. Your level of professionalism and understanding has not been unnoticed.

Just a quick note to say many thanks for your efforts. I really appreciate the information and clear advice that you provided during the course of our engaging on the issues.

Thank you so much, Curtis. Honestly you were my saving grace. I appreciate everything you have done for me. I am humbly grateful.

Vincent was very helpful in providing guidance and facilitating the finalisation of my separation and parental Orders. His kind words and support through this difficult process were invaluable to me. Happy to note that we have the Orders stamped by the Family Court – a significant milestone! Thank you Vincent!

Perth Wills and Estate Planning + Probate Perth Lawyers