Macmillan Legal is an experienced Wills and estate law practice with professional expertise in estate planning including the preparation of Wills, enduring powers of attorney and guardianship, and administration of deceased estates. We assist clients to put in place thoughtfully considered Wills and estate documents that provide for succession of their personal and business affairs and protect and preserve their future legacy for those they wish to inherit their assets.
We can advise in relation to the administration of deceased estates and contentious inheritance disputes, and can assist clients with applications for probate and letters of administration. Our professional advice and preparation of documents properly considers and is tailored to the unique and particular circumstances of our clients.
Our expertise in estate planning and inheritance law includes:
- advising and preparing Wills, which can be as simple or as complex as a Will-maker desires and circumstances require;
- incorporating a testamentary trust into a Will;
- preparing enduring powers of attorney and guardianship documents to ensure assets are protected by trusted appointees during illness, injury or diminished capacity;
- preparing advanced health directives to ensure a person’s wishes are known and clearly documented in respect to future medical procedures or treatment or non-treatment in the event of loss of capacity and informed consent due to severe trauma, injury or illness;
- preparing applications for grants of probate and letters of administration and advising and assisting with the administration of deceased estates;
- advising and representing clients in respect to inheritance disputes, contested Wills, Family Provision Act claims and settlement of disputed estates.
A thoughtfully considered estate planning is essential to protecting and future-proofing assets for loved ones and those to whom a Will-maker intends to receive his or her estate. At Macmillan Legal, we understand the importance of having in place a clearly expressed and legally sound Will that preserves assets for family members and named beneficiaries, and minimises the potential for future challenges and inheritance disputes. We engage closely with clients to prepare Wills that clearly express and reflect their wishes and intentions and address complexities related to their unique family and business situations.
A Will is a crucially important document that expressly sets out the wishes and directions of a Will-maker for the distribution of his or her estate following death. A Will appoints a trusted person or persons as executor and trustee to administer and distribute the Will-maker’s estate. A professionally prepared Will can provide relief from worry and stress about future challenges and inheritance disputes.
Where a person dies without a valid Will their estate is described as intestate. In contrast to a Will, where estate assets are distributed in accordance with its terms, the assets of an intestate estate are distributed among family members according to statutory rules prescribed by the Administration Act 1903 (WA). The statutory distribution may not reflect or align with the deceased person’s informally known but undocumented wishes. It is important to obtain advice from an experienced estate lawyer and put in place a legally valid Will. We invite you to contact Macmillan Legal by telephone on 0466 785 738 to arrange an appointment.
Incorporating a testamentary trust into your Will can protect and manage assets for loved ones well into the future, especially young children and vulnerable adults. Testamentary trusts direct and preserve assets and are particularly relevant where remarriage, second generation children and, or step-children and complex family dynamics are factors to be considered when making a Will.
The inclusion of a testamentary trust can offer greater certainty and avoid or minimise that nagging concern about potential future inheritance challenges. For ease of mind and to ensure your Will properly reflects your wishes, contact Macmillan Legal for professional advice and effective estate planning solutions.
Unlike other property, superannuation entitlements and death benefits are not governed by or distributed in accordance with a Will, unless the super fund’s policy requirements specifically directs benefits to the estates of deceased members. Often, super fund distributions are guided by binding death nominations held by the fund. To remain effective, it is important to ensure nominations have not lapsed and are up-to-date.
Estate planning is an essential safeguard designed to protect against potential future risks to decision-making capacity and to establish a structure for the future management of a person’s affairs in the event of a loss of capacity due to illness or accident and serious injury. The appointment of an attorney or guardian under an enduring power of guardianship or enduring power of attorney bestows legal power and authority in a third party to make decisions for and on behalf of the appointor at some future stage when the appointor can no longer manage his or her affairs. By planning ahead and putting in place the authorisation for an attorney or guardian to step-in at the relevant time, family members, trusted friends and loved ones avoid the need to apply to the State Administrative Tribunal (SAT or Tribunal) for the formal appointment of an administrator or guardian.
An Enduring Power of Attorney is a legally binding document that appoints and authorises a trusted person to act as an attorney to make decisions and manage financial and property interests on behalf of an appointor when that person is no longer able to manage his or her own financial affairs.
Enduring Powers of Guardianship
An Enduring Power of Guardianship is a legally binding document that appoints and authorises a trusted family member, friend or other person to make personal, lifestyle, and healthcare decisions on behalf of an appointor when that person is no longer able to make those decisions personally. Appointing an enduring guardian prior to the need arising enables future health and lifestyle decisions to be made in accordance with the appointor’s known wishes. It avoids the need for family members and loved ones to apply to the State Administrative Tribunal for formal orders appointing a guardian.
An Advanced Health Directive (AHD) is a means of recording and conveying to medical professionals, a person’s preferences and directions about future medical treatment or non-treatment in the event of later incapacity due to serious accident, injury or prolonged illness. An AHD assists medical professionals to make decisions for patients based on the person’s own views and desires as formally expressed and recorded in advance of any need. Importantly, an Advanced Health Directive relieves family members from making difficult choices and decisions during stressful periods and events, and respects the express wishes of loved ones.
Administering the estate of a close family member, friend or loved one who has died can be emotionally difficult especially while grieving their loss. Macmillan Legal can provide professional advice and guidance to clients to ensure the estate is properly administered in accordance with legal requirements. We can advise and assist with preparing applications to the Supreme Court of Western Australia for the grant of probate or letters of administration and with administration of the estate. This includes administrative tasks such as dealing with debts, managing property and other assets and distributing estate assets according to the terms of a Will or the relevant statutory rules in the case of an intestate estate. We ensure clients are properly informed of the legal issues related to estate administration and the role, responsibilities and obligations of an executor or administrator.
At Macmillan Legal, we understand that inheritance disputes involving the estate of a loved one can be emotionally challenging and financially difficult for family members and can test even the strongest of family relationships. We arm clients with the information they need to properly understand their legal position, Court procedures, and the issues and challenges faced by all parties involved in an inheritance dispute. We guide and support clients throughout the process and provide practical and nuanced advice to assist them to achieve just outcomes while seeking to minimise conflict between family members, insofar as that is possible.
The Family Provision Act 1972 (WA) provides the legal framework for family members to seek provision from the estate of a deceased parent or certain family members. The Family Provision Act applies to all deceased persons and includes provisions for maintenance and support of family members and dependants entitled to challenge a Will and request a variation to the distribution of assets.
Disputes under the Family Provision Act 1972 (WA) can delay and protract the grieving process, and if managed inappropriately or without respect or empathy, family members may become distanced from each other and experience prolonged high levels of stress and, or potential long-term alienation. If you are involved in an estate dispute or contemplating making an inheritance claim, we invite you to contact Macmillan Legal for advice or to arrange an appointment to discuss matters.
