Wills

We have had clients tell us that they have never had a will before as they did not think that they needed one because they were too young, were very healthy and besides who wants to tempt fate?

While it is true that the process of drafting a valid will may cause you to think about your mortality and therefore make the experience less than comfortable, however, this slight discomfort that you might experience now is nothing compared to how your family and friends will feel if you sadly pass away without one.

 

Why Do You Need A Will?

If you die without a valid will it will be necessary to make an application to the court and to have the court determine who should get your assets and in what proportion.

The Inheritance Act (CHANGE) sets out who can make an application to the courts and it also goes into some detail as to what percentage a particular class of person should be entitled too.

As you can imagine this opens up a whole raft of issues if you left a partner and children and the delay in trying to sort out your estate will impact heavily on their lives whilst they are still grieving the loss of a loved one.

 

Is It Expensive To Have A Will Drawn Up By A Lawyer?

Yes and No. Having a non-complex (standard) will be drafted can be relatively cheap (as little as $250.00) and we will always ensure your estate goes where you want it as best we can.

You can rest assured that your will is set out in such a way as to be valid and that we will make sure that it has been properly signed and witnessed.

Occasionally we are asked to draft up a complex will that requires a good understanding of the applicable laws and a thorough examination of your asset structures as well as knowledge of the taxation consequences that can impact a beneficiaries share of your estate.

 

Can I Just Create an Online Will?

While yes, there are options available for online wills, you need to ensure they comply with all of the necessary federal and state laws.

You must also be extremely careful that you use all of the correct wording to specify your wishes, otherwise, that small amount of money that you saved could cost your family unnecessary time, money and stress after you pass.

Additionally, with an expert will lawyer, you will receive support and advice tailored to your particular situation that may not be available from online will companies.

 

What is a Testamentary Trust?

A testamentary trust is a trust that is created as part of a last will and testament and provides for the distribution of an estate into a trust when the person who created the trust passes away.

 

What Power Does the Executor of a Will Have?

An executor of a will is the person named in a will to carry out a person’s wishes after they pass away. They arrange for the deceased’s assets to be collected, debts to be paid and property to be distributed according to the deceased’s will.

 

Why Anvil Legal?

Anvil Legal has extensive experience in the preparation of both simple and complex wills, as well as all relevant Western Australian and Australian legislation. If you’re looking to make a will, please give us a call or fill out our obligation-free enquiry form today to arrange an appointment with our Principal Lawyer.

Anvil Legal