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Estate Law

Get Your Affairs in Order with the Help of Our Wills and Estate Lawyers

Wills and estate plans are important if you want to distribute your possessions legally and successfully upon your demise. A will is a thoroughly drafted piece of document that specifies who gets your properties and wealth when you pass on. An estate plan, on the other hand, consists of a will and other elements that protect your family from unnecessary legal and financial problems.

If you’re unsure how to create a will or formulate an estate plan, approach the lawyers of Hoe Lawyers. We’re a trusted law firm in Perth, Australia with experienced estate planning lawyers well-versed in trusts, wills, estate plans, and other related issues.

Our will and estate law firm has been helping hundreds of clients put together a solid will and comprehensive estate plan since 2009. Count on us to provide you with excellent legal services, reliable verbal and written legal advice and responsive legal action concerning your wills and estate plans.

What sets us apart from other estate planning law firms is our lifetime wills amendment guarantee. We don’t charge a single cent for minor amendments to the will our office created for you.

Our Wills and Estate Planning Services

We provide the following services to our valued clients:

  • Last Will & Testament incl. Testamentary Trusts
  • We draft Last Will & Testaments for individuals and ensure that their testamentary wishes are accurately reflected in their Wills. We deal with questions like how their estate would be distributed, whether directly or indirectly through a testamentary trust, who would be appointed as Guardians to look after their children, and who their Executors and Trustees would be to carry out their testamentary wishes.

  • Probate & Letter of Administration Applications
  • We assist individuals in obtaining a grant of Probate by preparing motions and affidavits to be filed with the deceased person’s Will at the Supreme Court to enable their Executors to deal with their estate and administer it according to their Wills.

    In the event that a deceased person did not leave a Will, or the Will is invalid, we assist individuals in applying to the Supreme Court to obtain Letters of Administration to appoint an Administrator to distribute the deceased’s estate according to law.

  • Enduring Power of Attorney & Guardianship
  • An Enduring Power of Attorney is a legal document that operates during your lifetime to enable a third party to make any and all decisions on your behalf and in your best interests if and when you are legally incapacitated. Such decisions often include financial ones such as the management and use of your assets during your lifetime.

    An Enduring Power of Guardianship is similar to an Enduring Power of Attorney under which a third party, usually a trusted family member, would act as your legal guardian who would be empowered to make decisions regarding your health and lifestyle only.

  • Advance Health Directive
  • An Advance Health Directive, commonly known as the Living Will, allows you to decide beforehand whether and what medical treatment you do/do not wish to undergo should you become legally incapacitated to make such medical decisions.

Why Engage a Wills and Estate Planning Attorney

Although you could draft a will or come up with an estate plan on your own (or with the help of DIY kits found on the web), working with a qualified estate lawyer is a better option. Here’s what your  lawyer can do for you:

Makes Your Will Valid

A valid will should conform to legal requirements. The testator, for instance, must be of sound mind when writing the document. It means that an individual can understand, reason and think for himself/herself.

If your will doesn’t show that you’re of sound mind or fails to adhere to legal requirements, the executor of your will would have problems distributing your wealth once you die. Here are a few scenarios that may occur:

  • The court may nullify the will you made in its entirety
  • Your will might be open for modification, especially if the court finds that you’ve disregarded some of your legal heirs without a good reason
  • The court may distribute your estate without taking your wishes into account

When you have a lawyer assisting you, there would be no question as to your sound judgment during the drafting of the will; your lawyer is your reliable witness. He/she will also prove that you know who and where your heirs are, how much wealth you own and how you’d want to distribute your properties.

Minimise the Likelihood of Contesting Your Will

The people who are close to you may challenge the contents of your will if they believe that the distribution of wealth is unfair. If you’ve had multiple partners, for instance, one of your previous partners may come up with serious grounds to contest a will. If you’re unsure how to handle this area, you’ll need the advice of a lawyer.

Create a Strong Estate Plan

Although a will is important, this document is not the only thing that should be part of your estate plan. You must also take into account the following:

  • Asset protection for the wealth that you’ll leave behind to your beneficiaries
  • A tax-effective strategy to help you save money
  • A sound risk strategy to help counter estate claim threats made by eligible individuals, such as children and spouses or partners

With the assistance of an experienced lawyer, you may create an estate plan that ‘checks all of the boxes.’

We’re ready to help you plan beyond tomorrow. Schedule a free, 30-minute initial consultation with Hoe Lawyers today by calling 08 6244 5234 or emailing legaladvice@hoelawyers.com.au.