Will, Estate and Probate Lawyers Perth

Our process when it comes to wills and estates

Lewis Kitson Lawyers are expert Wills, Probate and Estate lawyers, conveniently based in Applecross, Perth. We provide honest, easy to understand legal advice. Our Wills and Estate lawyers will ensure you understand and get the right advice, for you and your family.

Our highly experienced and compassionate team provides advice in the preparation of all types of Wills and Estate Planning, including Advance Health Directives (commonly known as ‘Living Wills’), Enduring Powers of Attorney, Enduring Powers of Guardianship, as well as applications for Probate and Letters of Administration, and more.

Our process is simple. We meet with you to get a full understanding of your situation, so we can provide the right legal advice. We understand there is a lot to navigate, and our expert team can make sure you consider all outcomes. We can assist you with all aspects of preparing your Will, along with the administration of deceased estates or a Will and inheritance dispute.

Our experienced team have legal expertise at all levels of complexity in all matters concerning Wills, estates, succession planning and more. Lewis Kitson Lawyers strive to provide trusted, easy to understand advice that gets the best outcomes for our clients.

 

Wills and estate planning lawyers Perth

We can assist with simple through to highly complex Wills, providing accurate, relevant, and cost-effective advice. Our experienced Wills, Probate and Estate lawyers are experts in their field, and we pride ourselves on providing easy to understand advice, to get you the best outcome.

Preparing a detailed Will can make it so much easier for your family when the time comes. By taking the time to prepare your Will now, you can significantly ease the burden on your loved ones and help them take the necessary steps to carry out you wishes quickly and easily.

 

Probate applications in Western Australia

Our trusted Probate lawyers can help you with applying for Probate in Western Australia.

Probate is a certificate granted by the Probate Office of the Supreme Court of Western Australia. It means that the deceased’s Will has been approved as being legally valid and that the nominated executor and trustee named in the Will can administer the estate.

Applying for Probate is usually one of the steps you need to take after the passing of a loved one. Our expert Probate Lawyers will help guide you through the process, ensuring there is as little stress as possible for you, during an often difficult time. We help make things efficient and easy to understand, to help ease the burden on you and your family.

 

Letters of Administration applications

(when someone dies without a valid Will, also known as intestacy)

When a loved one passes away without a valid Will, it can be a difficult process to navigate. Our expert Wills and Estate Lawyers help guide you through this process, providing simple, accurate, and cost-effective legal advice.

When a person passes away without a valid Will, you need to apply for a Grant of Letters of Administration. Letters of Administration will allow you to administer the assets of the deceased person even if there isn’t a valid Will. Without a Will, there is no executor appointed, so the legal representative for the estate needs to also be determined in order to determine who will be responsible for dividing up the assets of the deceased person.

Lewis Kitson Lawyers are expert Wills and Estate Lawyers and will help you through the process of applying for Letters of Administration quickly and efficiently, so there is less stress on you and your family.

 

Advice and Administration of Deceased Estates

We know that losing a loved one is a difficult time for you and your family. Our experienced Wills, Estate and Probate Lawyers make the administration of the deceased’s estate fast and easy to understand, to ease the burden on you.

It can, unfortunately, be quite a confusing process to administer a deceased estate, so our team looks after this process for you, so there is one less thing for you to worry about. Our professional and compassionate lawyers will help you navigate the process and provide no-fuss legal advice, to get everything arranged for you.

 

Distribution of Estates legal services

Our expert Probate Lawyers can help you through the administration of a deceased estate from start to finish and in order to get you through to the final distribution of assets.

Before you can divide and distribute the assets of the estate, you must first determine the true value of the estate by identifying and collecting all of the assets and dealing with the liabilities. You must then refer to the Will to determine which beneficiary the assets are assigned to and once determined, you can inform them of their inheritance.

 

Enduring Powers of Guardianship

An Enduring Power of Guardianship is a legal document that allows you to appoint a person you trust with the responsibility to make important lifestyle and medical decisions on your behalf in the event you become incapable of making those decisions for yourself.

When you draw up your Will, our expert Will and Estate Lawyers will help you put together this document as well, so you know the right person will be making decisions about your lifestyle and medical decisions, in the event that you cannot make those decisions yourself.

 

Enduring Powers of Attorney

An Enduring Power of Attorney is a legal document that allows you to appoint a person of your choice to make property and financial decisions on your behalf. There are a variety of cases where this may come into effect, such as if you are overseas or interstate, or if you are in hospital and unable to manage your affairs.

Our expert lawyers can guide you through this process and ensure you have all the right legal advice and documentation to put your Enduring Power of Attorney in place correctly.

 

Deed of Family Arrangement

A Deed of Family Arrangement allows the beneficiaries to a deceased’s estate to amend the distributions made by a deceased’s Will or confirmed by the laws of intestacy where a deceased has not left a valid Will. The preparation of this document is complex, so we recommend you speak with one of our experienced Wills and Estates lawyers, who can help prepare this important document correctly for you.

 

Testamentary Trusts

A Testamentary Trust established in a Will allows your assets to be distributed to a trustee, who can then hold and pass on distributions from the Testamentary Trust to the beneficiaries of that trust over a period of time and in accordance with the conditions you set.

This allows you to have greater control over how and when your assets are distributed to your beneficiaries. Including a Testamentary Trust in your Will may provide:

  • Extra flexibility around distributions.
  • Tax benefits to the beneficiaries of the trust.
  • Allow you to distribute your assets in the trust over generations.
  • Offer protection to and preservation of the assets held in the trust.

There are many ways a Testamentary Trust can be set up in your Will, and there are just as many reasons why you might consider including a Testamentary Trust in your Will. Our Wills lawyers can help you get this set up correctly.

 

Estate Litigation – inheritance claims

There are a few main reasons why a person may need to challenge a Will or make an inheritance claim. Two of the main reasons are:

  • Concerns about the validity of a Will, which could relate to the capacity of the Will maker at the time the Will was prepared and signed, or the circumstances under which the Will came into existence.
  • A family member is left with an inadequate inheritance or no inheritance at all.

Our expert Wills, Estate and Inheritance lawyers can help you understand your rights related to challenging a Will, estate disputes or making a claim against an estate, and will ensure you get the right advice.

 

Advanced Health Directives

(commonly known as ‘Living Wills’)

An advance health directive, also known as a living will, allows you to confirm what treatment decisions you do and do not consent to in circumstances where you cannot communicate those decisions for yourself. Therefore, an advance health directive can help to inform everyone about what treatment decisions you would want to be made if you can’t make them yourself. It is a legal document in which a person specifies what actions should be taken for their health if they are no longer able to make decisions for themselves because of illness or incapacity.

Our Wills and Estate Lawyers will meet with you to discuss your situation and create an advance health directive that is suitable for you.

 

Contact our Perth Lawyers

Lewis Kitson Lawyers are happy to answer any questions you may have about the Wills, estate planning and probate services we offer. If you’re interested in learning more about how our legal services can help you and your family, please get in touch with our experienced team today.

Common FAQs for Will Lawyers Perth

How do I contest a Will?

In Western Australia, you may contest a Will by making a Family Provision Act Claim, if you have been left without an adequate inheritance from the deceased estate. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

Should I include my grandchildren in my Will?

You can name your grandchildren as beneficiaries in your Will, and they are generally included as a matter of course. Several inheritance methods exist to accommodate grandchildren and there are many factors to consider when determining the best one for you and your family. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

How do I include a charity in my Will?

You can name a charity as a beneficiary to your estate in your Will. Including a bequest to a charity in your Will will  let your Executor know of your wishes. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

Are there tax liabilities that could impact the beneficiaries in my Will?

There are no inheritance or estate taxes in Australia. However, you may have tax obligations for the assets you inherit. Please consult one of our experienced Legal Team for specific advice relevant to your situation. You should also consider consulting a suitably qualified accountant.

Do I need a living will?

An advance health directive, also known as a ‘living will’, is a legal document in which a person specifies what actions should be taken regarding their health and treatment decisions if they are no longer able to make those decisions for themselves because of illness or incapacity. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

How long after probate can funds be distributed?

There is no set timeframe for finalising an estate. It depends on the estate’s situation and all estates are different.

It is advisable in some circumstances to wait for six months after obtaining a grant of Probate or Letters of Administration before distributing the estate of the deceased in order to allow sufficient time for any challenges to the Will to be made known. Please consult one of our experienced Legal Team for specific advice relevant to your situation.

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    All information on this site is for general information only, and does not constitute specific legal advice. Please consult one of our experienced legal team for specific advice relevant to your situation.