Wills, Probate & Estate Lawyers Perth
From the simple, to the very complex. Our experienced team can provide you with expert legal services including wills preparation, probate services and estate planning and advice.
At Dwyer Durack, our team have a solid reputation for providing advice and assistance in the area of Wills, Probate Services and Estate Planning. Our lawyers can help with creating and contesting Wills, as well as ensuring all legal matters are handled following the death of a loved one. To protect the future of your family, choose Dwyer Durack to plan all aspects of your estate.
Our Wills, Probate and Estates Department has extensive experience in:
- Drafting Wills and developing succession plans. This can include drafting testamentary trusts.
- Applying for simple grants of Letters of Administration or Probate.
- The administration of Estates or Trusts.
- Claims against estates, including disputes about the validity of a Will or claims under the Inheritance Act.
- Claims against trusts or trustees.
- Powers of Attorneys.
Located in Perth, our Wills and Probate Lawyers provide professional help and advice for a range of legal matters including contested Wills and Estate disputes. It’s important to determine the validity of a deceased’s Will and ensure that their wishes are carried out. If you’re experiencing issues with a deceased estate due to a Will dispute, it’s important to speak with a lawyer as soon as possible. For more information, contact our leading law firm in Perth today on (08) 9289 9888.
Please note that all clients will need to:
- Attend this office at some stage; and
- Provide us with photographic ID.
Frequently Asked Questions
How can I avoid a claim against my Estate?
There are various steps that can be taken to limit the likelihood of a claim being made against your Estate. These steps include, but are not limited to:
- Leaving adequate provision to potential claimants under the Family Provision Act 1972 (WA); and/or
- Limiting what will form part of your Estate. For example:
- holding property as joint tenants;
- using inter vivos trusts;
- making binding nominations in respect of superannuation funds.
How can I ensure that the affairs of a vulnerable relative are being properly dealt with?
Our advice may differ depending upon the unique circumstances of each case. Please contact our experienced Wills, Probate and Estate practitioners to discuss your query further.
What do I do when someone I know dies?
The passing of a family member or friend is never an easy time. This can be complicated by not knowing what steps to take towards wrapping up the financial and testamentary affairs of the deceased.
Our experienced Wills, Probate and Estate Lawyers are available to assist you at this difficult time and guide you through the various processes which you may be required to undertake.
At the outset, amongst other matters, it will be necessary to determine whether the deceased left a Will and, if so, who is the Executor of the Will?
Sometimes this information won’t be known until after the funeral. In the ordinary course, after the deceased’s bank has been advised of the deceased’s passing, the bank will usually freeze the deceased’s accounts with the exception of the payment of funeral invoices (or reimbursement of the persons who paid those invoices).
If there is a Will, the Executor will need to determine (a) if they want to act and (b) if so, whether a Grant of Probate is required.
- the Executor has predeceased the deceased; or
- the Executor is unwilling to act (subject to any alternates named); or
- there is no Will, it will be necessary to determine who will become the Administrator of the Estate.
Generally speaking, the person who is to receive the majority of the Estate is often most entitled to act as the Executor.
If there is no Will, the Estate (subject to any Family Provision Act claims) will be distributed pursuant to the table at Section 14 of the Administration Act 1903 (WA).
How can I find out if I am a beneficiary named in a Will? How can I get information about the administration of someone’s Estate?
In general terms, the first step is usually to conduct a Probate search at the Probate Office. Depending upon the outcome of your search, it may thereafter be appropriate to contact the Executor/Administrator of the deceased’s Estate. Our experienced Wills, Probate and Estate Lawyers can assist you with this process.
Can I challenge a Will?
The Family Provision Act 1972 (WA) provides categories of persons entitled to make a claim for provision or further provision from an Estate. This list includes spouses (including de facto spouses), children of the deceased and, in some circumstances, grandchildren and stepchildren.
In such claims, the Court considers a wide variety of matters. The most important ones are generally the size of the Estate and the financial positions of the various parties.
We would be pleased to provide you with advice as to a potential claim that you may have.
For further advice in the area of Wills, Probate and Estates, contact our experienced team on (08) 9289 9888.