Wills, Probate & Estates
Dwyer Durack Wills, Probates and Estates Lawyers Perth WA
The passing of a family member or friend is never an easy time. Having to worry about their Will and estate should be the last thing on your mind. Our experienced Wills, Probate and Estates lawyers are available to assist you during this difficult period and guide you through the various processes which you may be required to undertake.
No matter your circumstance our team of Wills, Probate and Estates lawyers can help. Whether you need help with drafting up a Will, contesting or disputing a Will, or need advice on the next steps when handling the estate of a family member who has passed, the friendly and professional team of Inheritance and Succession lawyers at Dwyer Durack are more than happy to help.
Highly Experienced Succession & Inheritance Lawyers
Our Wills, Probate and Estates lawyers have extensive experience in:
- Drafting Wills, Enduring Powers of Attorney (EPA’s), Enduring Powers of Guardianship (EPG’s) and developing succession plans. This can include drafting testamentary trusts and advice about superannuation;
- Simple and complex applications for Grants of Probate or Letters of Administration;
- The administration of deceased estates or trusts;
- Deceased estate disputes and litigation, including contested Probate proceedings about the validity of Wills, claims under the Family Provision Act and other claims by and against deceased estates and executors/administrators;
- Claims against trusts or trustees; and
- State Administrative Tribunal proceedings under the Guardianship and Administration Act in relation to the management of an incapable person’s affairs.
Please note that all clients will need to:
- attend this office at some stage; and
- provide us with photographic ID
Please find a schedule of our estimated costs for the preparation of Wills, Enduring Powers of Attorney and Enduring Powers of Guardianship 
Frequently Asked Questions
01
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, including but not limited to:
- Leaving adequate provision to potential claimants under the Family Provision Act 1972 (WA); and/or
- By limiting what will form part of your Estate for example, by:
- holding property as joint tenants
- using inter vivos trusts
- making binding nominations in respect of superannuation funds.
Our experienced team of estate planning lawyers are able to assist with these steps to limit the likelihood of a claim being make against your estate.
02
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 Estates lawyers to discuss your query further.
03
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 Estates lawyers are available to assist you during this difficult period 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 their 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.
If:
- 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 (or Administrators) of the Estate.
Generally speaking, the person(s) who are to receive the majority of the Estate are usually most entitled to become Administrator(s).
Furthermore, 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).
Our Wills, Probate and Estates lawyers are more than happy to assist and guide you through this difficult time. You can get in touch with one of our experienced Wills, Probate and Estates lawyers on (08) 9289 9888.
04
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 of the Supreme Court of Western Australia. Depending upon the outcome of your search, it may thereafter be appropriate to contact the Executor/Administrator of the deceased’s state. Our experienced Wills, Probate and Estates lawyers can assist you with this process.
05
Can I contest a Will?
Wills can be challenged in two main ways - challenges to the validity of a Will or challenges to the terms of a Will.
The validity of a Will can be challenged on various grounds, the most common of which are where the Willmaker allegedly lacked "testamentary capacity" or were subject to "undue influence" at the time the Will was made.
Where the validity of a Will is not in question the Family Provision Act 1972 (WA) allows persons who fall within specific categories to contest the terms of a Will by making claims for provision or further provision from an Estate. These categories include spouses (including de facto spouses), children of the deceased and, in some circumstances, grandchildren and stepchildren.
In contested Will 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.
One of our Will dispute lawyers would be pleased to provide you with advice as to a potential claim that you may have.
For further information in the area of Wills, Probate & Estates, please contact our experienced team of Wills, Probate and Estates lawyers on (08) 9289 9888.
