Providing Estate Planning Solutions

WHO INHERITS WHEN THERE IS NO WILL?

A 2017 survey by the WA Public Trustees found that half of West Australians over the age of 40 do not have a valid Will. The survey also found that only 19% of families with young children have a valid Will.

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Common Myths about Wills and Estate Planning

  • I don’t need a Will – if I die everything goes to my spouse anyway
  • If I die without a Will the government gets all my estate
  • My Will is simple, a home-made DIY kit is good enough
  • I don’t have any assets, so I don’t need a Will
  • I made my Will years ago, so I don’t need to update it now
  • My family know what I want they’ll take care of things
  • My family is really close they will never argue about my money
  • There’s no point making a Will as it can be challenged anyway

Take control of your circumstances by creating an Estate Plan with Willcraft Estate Planning.

WILLCRAFT’S FOCUS

Making a Will is easy with Willcraft, we provide you with a range of Estate Planning options.  During our consultation with you, we determine what best suits your family situation.  We provide our initial service by workplace or home visit.

home-visit

Home Visit

Confidential visit by one of our fully trained paralegal consultants.

qualified-lawyers

Qualified Lawyers

Wills and other legal documents are drafted by lawyers specialising in Estate Planning.

STANDARD PERSONAL WILL

BRONZE

bronze

Simple Will for a straightforward and uncomplicated estate and distribution.

Estate to spouse or partner or adult children.

Includes the appointment of executors and guardians, distributes personal possessions gifts by way of a gift list, cash gifts and residue.

SILVER

silver

Personal Will with more specific wishes include:

  • Minor trust for children
  • Pet trusts for care and maintenance of pet(s)
  • Disabled discretionary trust for a dependent relative.
  • Right to reside in your property

GOLD

gold

For clients with more complex estates and distribution needs. A Testamentary Trust Will can protect assets and beneficiaries in many ways. This could include tax benefits, blended family situations, vulnerable beneficiaries e.g. children with addictions, marital issues or bankruptcy.

Your Personal Will includes:

Home or work visit to gather information

All amendments up to the day of signing

Fixed Priced Fee Agreement

Qualified Lawyers creating all Estate Planning documents

Full signing service at our offices

One hour consultation with executors for probate matters

Free Safe Custody (Storage) of original Estate Planning Documents

This package is the most popular choice of our clients which represents great value for money and peace of mind.

+ Includes the Will of your choice
+ Enduring Power of Attorney (EPA)
+ Enduring Power of Guardianship (EPG)
+ Complementary document storage.

(Prices exclude any Landgate registration fee, if applicable, for each Enduring Power of Attorney)

WHAT IS PROBATE?

As an Executor, you may need to apply for a Grant of Probate.  A Grant of Probate is the certificate granted by the Supreme Court to confirm that a Will of a deceased person has been proved and registered.  This allows the Executor to administer the deceased’s Assets and belongings in accordance with the Will.

The steps in obtaining Probate

  • Start with obtaining the original Death Certificate and the original Will. Determine the location of the value of the Assets and Liabilities of the Estate NB The Estate must include assets located in WA.  Prepare the Court Documents for the application and lodge these documents with the Supreme Court of WA, thereafter respond to any requisition notices if applicable from the Court.  
  • Willcraft’s experienced lawyers can assist you with the process for a fixed price depending on circumstances.

LETTERS OF ADMINISTRATION

If a deceased person did not leave a Will or the Will is invalid, then someone will need to apply for Letters of Administration from the Supreme Court.  Generally, the person applying will be a parent, spouse or child of the deceased person. The process for doing this is similar to that of applying for Probate and Willcraft’s lawyers can assist you with this application again for a fixed price.

TESTIMONIALS

“Both Peter and Anna were very helpful and supportive”.
Alan and Dianne from Willetton,

“Simple and easy to facilitate”.
Glen and Julie from Mount Hawthorn

“Fast efficient and good explanations".
Annette from Port Kennedy

“Very easy process, especially the initial home visit”.
Sharon from Rockingham

“Efficient and approachable, flexible with regards to a later appointment due to work commitments”.
John and Ailsa from Doubleview

“Professional, prompt friendly service. Excellent value for money”.
Ineke from Carramar

ADDITIONAL SERVICES AVAILABLE TO ASSIST YOU

attorney

ENDURING POWER OF ATTORNEY [EPA] – $150.00/person

Enduring Power of Attorney (EPA) provides protection and ensures day to day financial decisions can be made dealing with property, bank accounts, other finances and the exercise of many other legal rights should you become incapacitated (+ Landgate registration fee, if applicable).

directive

ADVANCED HEALTH DIRECTIVE (LIVING WILL) – $150.00/person

AHD allows you make decisions now about the medical treatment (including palliative and life-sustaining measures) you would want - or not want - to receive if you ever became sick or injured and were incapable of communicating your wishes. In such circumstances, your AHD would effectively become your voice.

signing

ARRANGE HOME SIGNING - FROM $199

If you are disabled or bed-ridden we can arrange a home signing by one of our solicitors to finalise your documents.

property

CHANGE OWNERSHIP OF PROPERTY FROM JOINT TENANTS TO TENANTS IN COMMON

Change of Tenancy Application with Landgate for title changes starting at $500 per title. Legal Advice fees are additional. Landgate fees and Stamp Duty are additional.

guardianship

ENDURING POWER OF GUARDIANSHIP [EPG] – $150.00/person

Enduring Power of Guardianship (EPG) allows for the appointment of people to make health, welfare and lifestyle decisions for you should incapacitation arise. Can also include medical and housing care.

probate

PROBATE / LETTERS OF ADMINISTRATION (LOA) - with or without a Will

A process that a Will goes through whereby the Supreme court confirms it’s validity and empowers the Executor to administer the estate. With both the above services the initial consultation is FREE then fee is determined.

amendments

FUTURE AMENDMENTS AND UPDATES – from $150.00/person

If your circumstances change and your existing Willcraft will does not allow for the change, we can arrange minor amendments to the Will costing from $149.

survivorship

SURVIVORSHIP APPLICATION

Survivorship Application with Landgate for title changes starting at $400 per title. Legal Advice fees are additional. Landgate fees are additional.

If there is any other matter you need assistance with please call us on (08) 9368 1337 or email team@willcraft.com.au

FAQ

What happens if I die without a Will (Intestate).

The State’s Intestacy Laws apply. 

For example, if you have a partner and one or more children. The children will receive two-thirds of your estate after the first $50,000 and contents go to your spouse.  

If you have a spouse, no children and your parents are alive. Your spouse receives the first $75,000 and half the remaining estate, your parents receive the remained which may also be split between sibling, nieces and nephews.

Can a family member be an executor?

Effectively anyone over 18 and is legally able to act can be an Executor.  Our experience is that often beneficiaries make good Executors as they are motivated to do the job efficiently and settle the estate quickly.

We also recommend that you nominate substitute Executors in case your first nomination is not available for some reason.

Do my home and superannuation form part of my estate?

If your home is jointly owned as Joint Tenants, it does not form part of your Estate.  It will if your share is owned as a Tenant in Common or Sole Tenant.

Superannuation may be paid to your Estate if you have not nominated a beneficiary or you have nominated your Estate as the Beneficiary.

Why do I need and Enduring Power of Attorney or Guardianship?

Your Will covers the distribution of your Estate when you have died. Appointing an Attorney of Guardian allows that person or persons to manage your finances and health decisions if you are incapacitated for a length of time.