What are Wills, Enduring Powers of Attorney and Enduring Powers of Guardianship?
Wills, Enduring Powers of Attorney and Enduring Powers of Guardianship documents are the best ways to ensure your wishes will be respected when the time comes. All too often, the process to obtain and secure these documents can be confusing and costly – and as a result, many people become unwell or pass away every year without the legal frameworks in place for the time after they’re gone.
Ilberys specialises in the provision of this sort of documentation.
Wills, Enduring Powers of Attorney and Enduring Powers of Guardianship reflect arrangements that usually take effect if you become very unwell or pass away. They allow people to make decisions for you when you are no longer able to make those decisions yourself – but they do so within reason.
A Will acts as a set of instructions for your estate after death, whereas Enduring Powers of Attorney and Enduring Powers of Guardianship are used to entrust and direct somebody close to you to make the best choices for you while you are incapacitated due to mental or physical health issues.
What can Ilberys help me with?
Ilberys Lawyers offer advisory services if you’re just getting started with this sort of documentation. We can help you figure out what you need and figure out what you don’t need – and make sure you aren’t paying for more than what will benefit you and your family. Once those decisions are made, we can prepare and finalise all the documentation for you at a fair and reasonable cost.
We can also help if you’ve been appointed as an attorney or a guardian by a close friend or family member: we can explain what it is you are required to do and how you can complete your duties as an attorney or a guardian.
Find out why Ilberys has been a preferred firm in WA since 1955 – reach out for a free initial consultation today.
Frequently Asked Questions
A Will is a legal document that details your wishes for the division of your assets when you pass. Not only can a Will help your family through a time of grieving and make it easier for them, it can help ensure your wishes are fulfilled upon your passing.
Without a Will, you are considered to have died “intestate” and your assets are dealt with pursuant to the Administration Act 1903 (WA). That Act sets out how your estate is to be divided between family members, and it may not be in the way you expect.
For example, if you pass away with a spouse and children, your estate does not automatically all go to your spouse, but, depending on its value, is divided between your spouse and your children, even if your children are under 18 years of age. This may mean that your spouse is unable to keep the family home.
You should review your Will every few years. This will ensure that it’s kept up to date as life milestones are reached. For example, life changes like getting married/divorced, having children or grandchildren and obtaining new assets, investments and a business will all impact your Will. We’re able to assist with small changes to a Will, as well as making an entirely new Will.
An Executor of a Will is someone who has been nominated to take carry out the terms of the Will and otherwise look after the estate once a person has passed.
You can challenge a Will if you believe that the person who has passed has not complied with their duty to adequately provide for you upon their death. In order to contest a Will, you need to be able to prove a number of things. These are –
- You fit into the range of eligible claimants
- The deceased person was a resident of WA
- Your claim has been within a 6-month window from the date of issue of Probate (when the court declares that the deceased left a valid Will).