Wills & Probate
Peel Legal Lawyers, located in Mandurah, provide affordable, knowledgeable and compassionate advice on all matters relating to Deceased Estates and Wills.
Standard Wills – From $220 per person *
Pensioner or Health Care Card Holders – From $176 per person *
Urgently Prepared Wills $430 Per Hour Plus GST *
* Terms and conditions apply
Wills & Probate Legal Services
Probate & Intestacy
When someone dies, an application is made for a grant of Probate (if there is a Will) or Letters of Administration (if someone dies without a Will and Intestate). Our expert staff are highly experienced in this area of law and strive to provide a cost effective professional and compassionate service.
In limited circumstances you may be able to avoid having to make such an application.
Generally in order to advise or assist you, we will require a copy of the relevant death certificate for the deceased and details of the assets and liabilities of the Deceased Estate at death.
Should you wish assistance and advice in this area please do not hesitate to contact us..
Wills & Estate Planning
Our commercial and litigation lawyers consider all aspects of your estate including superannuation in conjunction with your taxation adviser. Our most popular service, so bookings are required and legally clients must be seen individually so consecutive appointments for couples can be made.
Our practice manager Matt Bassett-Scarfe is a highly experienced commercial and litigation lawyer with extensive experience in deceased estate planning and litigation.
Matt can assist with consideration of all aspects of your Estate Planning and superannuation needs in conjunction with your taxation adviser.
Given Matt’s litigation experienced regarding challenges to wills and other Deceased Estate matters, unlike many other Estate planners he has insight into the various legal pitfalls and problems that can be encountered in your Estate Planning issues.
Wills and Estate Challenges
There are two basic challenges to Wills; the validity of the Will itself or failure to provide properly for family or others who the deceased should have had regard. Our staff are experienced in resolving these and provide an efficient, friendly and compassionate service. Initial 45 minute consultation is only $75.00.
The first type of challenge is a common law challenge to the validity of the Will itself. The basic grounds for this type of challenge usually are;
Lack of testamentary capacity (the deceased did not have sufficient mental faculties to do a will);
- fraud (the will is a forgery)
- duress or undue influence (the deceased was bullied into doing the will a certain way)
The second type of challenge is under an act of parliament now known as the Family Provisions Act. This allows a challenge based on a failure to provide properly for family members and those to whom the deceased should have properly had regard.
The Court has fairly wide discretion as to how they deal with such applications and what further provision (if any) an applicant may receive. This type of challenge can be made both to the provisions of a Will and to the statutory formula for distribution where no will exists.
In addition to these basic challenges there are diverse other types of deceased litigation, such as Court determinations as to who is a legitimate beneficiary of a Will, what does the Will mean and questions regarding the conduct of Executors, Administrators and Trustees of Deceased Estates.
Enduring Powers of Attorney and Guardianship
Enduring Powers of Attorney (“EPA”) and Enduring Powers of Guardianship (“EPG”) are statutory documents giving financial or lifestyle authority in the event of mental illness or impairment, often associated with stroke or dementia. We strongly recommend an EPA to avoid family having to institute proceedings in the State Administrative Tribunal to deal with your affairs.
EPAs generally remain in effect as long as the individual who made the EPA lives, and do not in any way govern or influence your deceased Estate. At the date of the death of the individual any Enduring Power of Attorneys granted are automatically terminated.
If you wish quotation for these documents please ask us.
Advanced Medical Directives
It may now be possible to make a statutory document to deal with directions in relation to your personal medical care i.e. that some forms of medical care should be refused. If you are interested in these matters please ask to consult with our lawyers separately to your Will.
These types of matters can be complex and legal advice should always be sought. Should you wish assistance and advice in this area please do not hesitate to contact us..
Deceased Estate General Litigation
Our experienced lawyers at Peel Legal can help you with all of your Deceased Estate General Litigation, inlcuding DNA, Access to remains, Will construction and claims against executors. You are in good hands with the Peel Legal team.
Last Reviewed Oct 2, 2019
With Understanding & Compassion
We Can Help You Navigate Wills & Probate Law
It can seem quite tempting to save a few dollars on legal fees by preparing your own will, however a will is a very important document that needs to be prepared in a legal manner that ensures your wishes are very clear as to what happens to your estate at the time of your passing.
135 Mandurah Terrace Mandurah WA 6210
Tel: (08) 9535 8399
Fax: (08) 9586 3855
Hours: Mon-Fri 8:30am - 5pm