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Wills & Estates Lawyers · Applecross, WA

Wills & Estates Lawyers in Applecross

No firm in Applecross, WA has yet listed wills & estates lawyers as a specialty. The general practices below are local and many handle this kind of matter — call and ask.

Also in Applecross

General practices in the area. They haven't nominated wills & estates lawyers as a specialty, so check before you engage them.

Overview

What wills & estates lawyers actually do

Wills and estates covers two distinct situations: planning what happens to your assets, and dealing with someone else's estate after they die. The same firms usually do both.

The planning half is cheap and quick. The administration half is neither, and how much of it you face is largely determined by how well the planning was done.

The work they handle

  • Drafting wills, including for blended families and business owners
  • Enduring powers of attorney and guardianship appointments
  • Applying for probate or letters of administration
  • Administering an estate and distributing it to beneficiaries
  • Contesting a will, or defending an estate against a claim
  • Testamentary trusts and estate planning where tax or asset protection matters

Western Australia

Where a matter like this is heard

Magistrates Court of WA

Handles most criminal and traffic matters and smaller civil claims.

District Court of WA

Handles serious criminal trials and larger civil claims.

Supreme Court of WA

Handles the most serious criminal matters, major commercial litigation and probate.

State Administrative Tribunal (SAT)

Handles planning, guardianship, vocational regulation and administrative review.

  • Western Australia is the only state with its own dedicated Family Court — the Family Court of Western Australia — rather than sending family matters to the federal court. If your matter is in WA, look for a firm that practises there specifically.
  • Distance matters more here than anywhere else. Many Perth firms act for clients across the whole state and are set up to run a matter without you ever attending the office.

When to call a wills & estates lawyer

  • You have children, property or a business and no valid will
  • Your circumstances have changed — married, separated, a death in the family
  • Someone has died and you are named as executor
  • You have been left out of a will, or left less than you expected
  • A family member is losing capacity and nothing is in place

What it costs

A straightforward will is usually a modest fixed fee, and powers of attorney are often bundled with it. Estate administration is different — commonly charged hourly or as a percentage of the estate, and paid from the estate rather than by you personally. Contested estates are litigation and priced accordingly.

How to choose

Cheap wills get expensive later

Most contested estates trace back to a will that was unclear, out of date, or made without advice. The saving at the front end is small relative to what a dispute costs.

Ask about your specific complication

Blended family, a self-managed super fund, a farm, a business, someone with a disability — each changes the drafting. Say so on the first call.

Executors can get help

If you have been named executor and it feels overwhelming, a firm can do as much or as little of the administration as you want.

Before you engage anyone

Check the practitioner holds a current practising certificate. In Western Australia that is Legal Practice Board of Western Australia, and the register is public.

Check the WA register ↗

Common questions

Is a DIY will kit valid?

It can be, if executed correctly. The common failures are witnessing errors and unclear wording, and both surface only after death when they cannot be fixed. For anything beyond the very simplest estate, the risk is poorly balanced against the saving.

What is probate?

A court order confirming a will is valid and that the executor can deal with the estate. Whether it is required depends on what the estate holds — banks and land titles offices set their own thresholds.

Who can contest a will?

Broadly, people the deceased had a responsibility to provide for — spouses, children and sometimes others who were dependent. The categories and time limits are set by state law and the deadlines are short.

Does my will cover my superannuation?

Often not automatically. Superannuation is usually dealt with by a binding death benefit nomination made with your fund, separately from your will. It is one of the most common gaps in an otherwise sound plan.

This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.

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