Wills, Probate and Deceased Estates
What is a Will?
A will is a legal document which sets out the testamentary wishes and intentions for the disposal and distribution of a deceased person’s real and personal property.
Should I Make Will?
If you die without a will your Estate (this is all the property you have at the date of death) will be divided according to the laws of intestacy. This may not be want you would want. Many people may be shocked to hear how their estate would be distributed if they die without a Will.
Should I Get A Solicitor to Draft my Will?
A will is a very important document and one of the most important documents you will ever execute. Many problems and disputes arise out of poorly drafted wills.
It is therefore important to you have your will professionally drafted. This will give you peace of mind.
When Should I Make A Will?
Anyone over the age of 18 can make a Will. It is advisable to make a Will after you turn 18.
You should certainly make a Will if you have reasonably substantial amount of property or are married or in a de facto relationship.
You cannot make a Will after you lose capacity. A will made after a person has lost capacity will not be valid.
How Much Will it Cost?
At Patrick Legal we have reasonably priced set fees for simple Wills for both couples and singles. If your Estate is complex then the fees may be more.
Call Patrick Legal Wills and Probate and obtain a quote for your Will.
If there is any possible issue about your capacity to make a Will you should obtain an opinion from your GP about this.
What is an Enduring Power of Attorney (“EPA”)?
An EPA allows another person (“the Donee” or “Attorney”) to make financial decisions for you (“the Donor”).
When Should I Make an EPA?
It is advisable to make an EPA at any age but particularly when you are older, infirm, or if you are likely to have surgery that might incapacitate you.
An EPA cannot be made after a person loses mental capacity.
What if I lose Mental Capacity after making an EPA?
The EPA remains valid after you lose capacity, but only if you made the EPA whilst you still had mental capacity.
What Happens When I Die?
The EPA is of no further effect after death. Your Estate is dealt with by the Executor of your Estate or Administrator (if there is no Will) after death.
What is Probate?
Probate is the procedure by which the last will of the deceased is proved. Probate is required before the Executor is able to administer or deal with the Estate.
What are Letters of Administration?
If a person dies without a Will it is necessary to apply for Letters of Administration under which a person close to the Deceased is appointed as Administrator of the Estate.
Who Pays for the Legal fees for Probate and Letters of Administration?
The legal fees for an application for Probate or for Letters of Administration are a legitimate Estate cost and the Executor or Administrator are entitled to be reimbursed for any such costs out of the Estate.
What is an Enduring Power of Guardianship?
This allows a trusted person to make health and medical decisions for you after you have lost mental capacity such as if you are suffering from dementia or you are in a coma.
What is an AHD?
An AHD (colloquially called a “Living Will”) is a document which sets out the medical and health treatment you want in the future, if you are unable to make those decisions at a future date due to your lack of capacity.
Who Determines Whether A Person Has Legal Capacity?
It is ultimately the Court that determines whether a person has legal capacity, based on all the evidence available and most importantly based any medical evidence available.
What can I do if I did not receive a fair distribution under the terms of a Will?
If you are the spouse, child or de facto partner of the Deceased you may be able to make a claim on the Deceased’s Estate pursuant to the Inheritance Act.
Time limits apply in making your application.
Do not hesitate, Call Patrick Legal, Perth Contested Estate Lawyers, for a consultation to find out about your rights and whether or not you have a legitimate claim under the Inheritance Act.
What if I think the Will is not Valid?
A will can be challenged on a number of grounds, including that the deceased did not have capacity to execute the Will at the time they did; the deceased was subject to undue influence; or due to fraud or forgery.
Challenging a Will on these grounds can be complex and difficult.
For an initial consultation to assess the merits of your claim call Patrick Legal your Perth Contested Wills Lawyers.
Call Patrick Legal Perth Probate and Administration Lawyers in order for us to assist you making your application for Probate or Letters of Administration.
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