Estate Planning & Wills
They say that the only certain thing in this world is uncertainty. But this is not entirely true… There’s nothing more certain than death and taxes. And, more often than not, you need help to make sure that one doesn’t make the other even harder to bear.
Your Estate Planning Lawyer in Perth
Estate Planning is planning for the future management and distribution of your assets and planning for your future medical care and lifestyle choices if you can no longer decide due to illness or accident. It is a way of ensuring that your estate is passed onto your beneficiaries in the most financially efficient and tax effective way possible.
Â
Most people do not think what would happen to them if they became incapable of deciding due to accident or illness. If you have no estate plan the person who may be appointed to deal with your financial affairs, make lifestyle choices for you, be guardian for your minor children may not be the one who you would have chosen. The potential number of people who can bring a claim against your estate is getting wider and wider thanks to legislation changes introduced recently.
In summary an Estate plan addresses the following issues:
Response to changes in capacity and cognition
Minimisation of tax because of death
Protection of the inheritance in case of marriage or de facto relationship breakdown and bankruptcy
Potential family provision claims
Prepare for the future
If the worst should happen, you must ensure that all of your hard work benefits those that you love the most.
Tan and Tan Lawyers are able to prepare or update your will with respect to your wishes while ensuring that you’re fully aware of the ramifications of one action or another in relation to the law.
What else can we do for you?
Here are just some of the other things we can help you with in this area:
- Trusts
- Asset protection
- Business succession planning
- Estate planning
- Estate litigation
- Living wills
- Powers of attorney
- Private charities and charitable gifts
- Probate and estate administration
- Tax and tax planningÂ
Â
Rest assured that any advice you are given, regarding applications for Grants of Probate or Grants of Letters of Administration and preparation of Enduring Power of Attorney, will be solid.
Don’t let your inheritance be swallowed up by legal fees.
As well as ensuring that your wishes are carried out with the professionalism and care that you and your family deserve, Tan and Tan Lawyers will deliver this service at an affordable cost.
To prepare or update your will contact us now.
Estate Planning & Will FAQ's
What is estate planning and why is it important?
Estate planning is the process of arranging for the future management and distribution of your assets, as well as planning for your medical care and lifestyle decisions if you can no longer make them yourself due to illness or accident. It ensures that your estate is passed on to your chosen beneficiaries in the most financially efficient and tax effective way possible, while also addressing what happens during your lifetime if you lose the capacity to manage your own affairs.
Without a proper plan in place, the person appointed to handle your finances, make lifestyle choices on your behalf, or act as guardian for your minor children may not be the person you would have chosen. Recent legislative changes have also widened the pool of people who can bring a claim against your estate, making it more important than ever to have clear, legally sound documentation that reflects your wishes and protects the inheritance you intend to leave behind.
What does an estate plan typically include in Australia?
A comprehensive estate plan in Australia typically includes a legally valid will, an enduring power of attorney, a living will (also called an advance health directive), and may also incorporate trusts, asset protection structures, and tax planning strategies. For business owners, the plan often extends to business succession arrangements that ensure the enterprise can continue or be transferred smoothly in the event of death or incapacity.
Each of these components addresses a different risk. A will governs how your assets are distributed after death. An enduring power of attorney appoints someone to manage your financial and legal affairs if you lose capacity. Trusts and asset protection structures can shield your inheritance from threats such as a beneficiary’s relationship breakdown or bankruptcy. Tan & Tan Lawyers also assist with probate and estate administration, grants of probate, grants of letters of administration, and the establishment of private charities and charitable gifts, ensuring every element of your plan works together as a coherent whole.
What is an enduring power of attorney and when do I need one in Western Australia?
An enduring power of attorney is a legal document that allows you to appoint a trusted person to make financial, legal, and personal decisions on your behalf if you become unable to do so yourself, whether through illness, injury, or cognitive decline. Unlike a general power of attorney, which ceases to operate when you lose capacity, an enduring power of attorney continues to have effect precisely when you need it most.
Most people do not consider what would happen to their affairs if they became incapacitated, yet without this document in place, your family may need to apply to the State Administrative Tribunal to have a guardian or administrator appointed, a process that is both costly and time consuming. Having a lawyer prepare your enduring power of attorney as part of a broader plan means you choose who acts for you, what authority they have, and under what circumstances they can exercise it, rather than leaving those decisions to a tribunal that does not know your personal preferences.
What happens if you die without a will in Western Australia?
If you die without a valid will in Western Australia, your estate is distributed according to the intestacy rules set out in the Administration Act 1903 (WA), not according to your personal wishes. This means that the law determines who receives your assets, in what proportions, and who is appointed to administer your estate, which may produce an outcome very different from what you would have chosen.
Intestacy can be particularly problematic for people with blended families, de facto partners, business interests, or dependants outside the immediate family unit. Without a will, there is also no mechanism to appoint a guardian for minor children, set up trusts for beneficiaries who may not be ready to manage an inheritance, or make charitable gifts. Tan & Tan Lawyers can prepare or update your will to reflect your current circumstances and wishes, ensuring your assets go to the people you intend, in the structure you choose, at an affordable cost that does not allow legal fees to erode the very inheritance you are trying to protect.
Can someone contest a will in Western Australia and how do I protect my estate?
Yes, certain eligible people can contest a will in Western Australia by making what is known as a family provision claim. Recent legislative changes have widened the categories of people who can bring such a claim, meaning that even with a carefully drafted will, your estate may face challenges from individuals who believe they have not been adequately provided for.
Protecting your estate against these claims is one of the core reasons to work with an experienced lawyer rather than relying on a DIY will kit. Strategies such as establishing trusts, structuring asset ownership to keep certain property outside the estate, and including detailed documentation of your reasons for the distributions you have chosen can all strengthen your position. Tan & Tan Lawyers also handle estate litigation if a dispute does arise, meaning the same firm that helped build your plan can defend it. Free initial advice is available by email, and low cost consultations via Zoom or phone make it straightforward to get guidance before a problem escalates.
Free Legal Advice
ZOOM
Low Cost Legal Advice
PHONE
Low Cost Legal Advice
MEETING
Meet in Person
AFTER HOURS
24/7 Legal Assistance
CONTACT US NOW
Free Consultation
IMMIGRATION LAW
what we are best at
CRIMINAL DEFENSE
FAMILY DISPUTES
BROKER FRAUD
DOMESTIC VIOLENCE
MEDICAL MALPRACTICE
INTELLECTUAL PROPERTY
AREAS OF EXPERTISE
what we are best at
