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Will & Testament law in Perth, Australia relates to the legal processes and regulations surrounding the creation, execution and administration of wills and estates. In Perth, as in the rest of the country, a will is a legal document that designates how your assets will be distributed upon your death, who will care for your minor children, and who will oversee the execution of the will. If you die without a valid will (intestate), your estate will be divided according to a statutory formula, potentially creating complications for your heirs.
You may need a lawyer to help draft your Last Will & Testament to ensure it meets all legal requirements and clearly outlines your intentions. Lawyers can also provide help in contesting or defending a will, establishing trustees and executors, aid with probate matters, or offering advice in complex estate matters. A lawyer can also guide you through the legal intricities of setting up a living will or advance healthcare directive.
In Perth, there are essential aspects for a will to be valid: it must be voluntarily and freely written by an individual over 18 yrs old of sound mind; it must be in writing; it must be signed by the will-maker and witnessed by two people who are not named beneficiaries. Additionally, a will can be updated or changed at any time as long as the person is mentally competent. If a will is not available or considered invalid at the time of death, the person is considered to have died intestate and their estate will be distributed according to the Administration Act 1903 (WA).
1. Can I write my own will without a lawyer?
Yes, but it is advised to consult with a lawyer to ensure your will complies with all legal requirements and clearly states your wishes.
2. What happens if I die without a will?
If you die without a valid will, you are considered to have died 'intestate'. Your assets will then be distributed according to a pre-determined statutory formula outlined in the Administration Act 1903 (WA), not necessarily as per your wishes.
3. Can a will be contested?
Yes, a will can be contested in certain situations such as when the validity of the will is questioned, or when a potential heir or dependent believes they have not been adequately provided for.
4. What is probate?
Probate is the process through which the Supreme Court validates the authenticity of a will and confirms the appointment of the executor.
5. How often should I update my will?
You should update your will whenever significant life changes occur, such as marriage, divorce, births, deaths, or substantial changes to your financial situation.
For further assistance, you may wish to consult the Law Society of Western Australia or the Public Trustee of Western Australia, both of which provide comprehensive resources involving wills and estates.
If you need legal assistance, start by identifying your needs and gathering relevant documentation. Then, you may wish to seek a consultation with an experienced wills and estates lawyer. During your consultation, ask about the lawyer's experience, approach to your situation, and anticipated legal fees. Make sure to follow their advice promptly and accurately to ensure your legal matters are managed effectively.
