Estate Planning & Deceased Estates

Don’t be one of the 60 per cent of Australians who do not have a valid Last Will and Testament. The team at Lynn & Brown Lawyers can help you to prepare a Will so that in the event of your death, your estate will go to the people you want to provide for.

Your Last Will and Testament is an important document. It contains your instructions as to what is to happen with all of your property including real estate and personal property (collectively called your “estate”) once you pass away. It is also your opportunity to express your wishes on matters that may affect your family should you pass away. The preparation of a Will requires the consideration of several key issues.

For example:

Who do you need to provide for?
How will your estate be divided?
Who would you like to be responsible for your children?

Another important consideration is who you appoint as the executor of your Will. An executor is the person who will be responsible for carrying out the instructions you have put in your Will. Your executor is also responsible for ensuring that any debts owed by you are paid once you pass away.

Agreed Fixed Fee Pricing: Just Transparency

How We Can Help You

If you need a Will, or to review a current Will, we will work with you to ensure your assets will be left to who you intend
We can help you understand your obligations if you find yourself managing a deceased estate
We can help to prepare an Enduring Power of Attorney, or an Enduring Power of Guardianship or an Advanced Health Directive
We can provide advice on how to create a succession plan for your business

View our Fact Sheets for more information.

Estate Planning & Deceased Estates Services

Disputed Estates

Certain persons, such as spouses, de facto partners, children, grandchildren…

Probate

The Executor is responsible for the proper finalisation of the expenses of the estate…

Intestacy

If a person dies intestate, the intestacy legislation determines the distribution of…

Will Preparation

A written declaration whereby you appoint an Executor to administer your estate…

EPA/EPG

If through illness or accident, you lose the capacity to make decisions for yourself…

Our Expert Team

Get In Touch

Feel confident about the cost

With our agreed fixed pricing

Testimonials

Cherry’s Catering has been involved with Lynn & Brown Lawyers and their team for over 10 years! I always find them and their service to be of the highest quality. I would highly recommend their services to anyone looking for a law firm. Deb – Director, Cherry’s Catering

- Deb

Lynn & Brown’s service and quality during the time of Covid was unbelievable, it was a tough year last year in 2020 lost my dad and COVID uncertainly in the world, most of my family members are all over Australia, I was trying to deal with everything by myself, Lynn & Brown lawyers certainly help relieve a lot of pressure off of me. Thank you all.

- Petar

I am happy with the work I have to say, and also in a few matters they have given me info which saved me time money and stress. I will be using their expertise again in the future for sure. Thank you :) Simon

- SimonSays

Lynn & Brown Lawyers is a family business that has a fixed price fee structure and operates under great vision and values.

- Nigel

I can highly recommend Lyn & Brown Lawyers. They delivered the outcome as promised on time and on budget. Very easy to deal with.

- Anita

Excellent Estate Planning seminars run by knowledgeable staff at this friendly law firm.

- Rohan

Frequently Asked Questions

If I am not happy with my inheritance, what can I do?

A Will is not necessarily final. The law in Western Australia is that certain classes of people can challenge a Will if they think they have not received adequate provision for their proper maintenance, support, education or advancement in life. Generally, the following classes of people can make a claim: Spouse or de facto Children Grandchildren Parents (in limited circumstances) Stepchildren (in limited circumstances) An experienced lawyer will be able to advise you on whether you are able to make a claim and if you do how much for. Most of these types of cases can be negotiated without going to trial.

What is a grant of probate?

A Grant of Probate is a document which allows you to deal with a person's assets after they pass away. Not all applications are straight forward. It depends on the wording of the Will and on your personal circumstances. Examples: If there is no Will at all, then an application needs to be made to the Court to appoint an administrator who has the same kind of powers as an executor. If an executor named in a Will has died, then an application will be made to the Court with the Will but asking the Will to appoint one of the beneficiaries as the executor.

What is an advance health directive (AHD)?

Often referred to as a "living will", this document allows you to make specific medical treatment decisions in advance. For example, you may decide in advance that if you are seriously ill or injured, you do not want to be resuscitated. An Advance Health Directive is a powerful document as it binds medical staff, and your guardian or next of kin, to act as you have decided if certain medical events occur. An experienced lawyer can help guide you in deciding whether or not you should have this document.

What is an advance health directive (AHD)?

What is an enduring power of attorney (EPA)?

This document gives another person the authority to make financial and property decisions on your behalf. For example, using money in your bank to pay for your groceries, or assisting you with the payment of your bills, when you are no longer able to do so. If you do not have an Enduring Power of Attorney, then an interested person (usually a family member) will need to apply to the State Administrative Tribunal (SAT). The SAT would then closely monitor the person to whom they give this power. An Enduring Power of Attorney is a very powerful document so is important that the person you choose is trustworthy and capable of managing money. An experienced lawyer can help guide you in making this important decision.

What is an enduring power of guardianship (EPG)?

This document gives another person the authority to make medical and lifestyle decisions on your behalf if you lose capacity to make those decisions for yourself. For example, if you become unwell and are too sick to decide what medication you will take, your guardian can decide for you. If you do not have an Enduring Power of Guardianship, then an interested person (usually a family member) will need to apply to the State Administrative Tribunal (SAT). The SAT would then closely monitor the person to whom they give this power. An Enduring Power of Guardianship is arguably the most important document to you as it concerns the care you will receive when you can no longer care for yourself. An experienced lawyer can help guide you in making this important decision.

When and why should I review my will?

A general rule of thumb is that you should review your Will every 3 to 5 years. Certain major life events should always prompt you to review your Will to ensure that it is still valid and that it still suits your intentions. For example, you should review your Will if; An executor or beneficiary passes away Your family grows You would like to change your beneficiaries You have a new serious partner The law in Australia is that unless you have a special clause in your Will, your Will is automatically revoked (ie cancelled) as soon as you get married or divorced. Do not make handwritten changes to your Will- if changes are required, have it done properly by a trusted lawyer. If you make your changes, there could be serious and unintended consequences.

Fact Sheets

Estate Planning & Deceased Estates

Estate Planning & Deceased Estates

How We Can Help You

Estate Planning & Deceased Estates Services

Our Expert Team

Head of Wills & Estates

Senior Associate

Lawyer

Associate

Law Graduate

Get In Touch

Testimonials

- Deb

- Petar

- SimonSays

- Nigel

- Anita

- Rohan

Related Articles

Frequently Asked Questions

Fact Sheets

Managing a Deceased Estate

Do’s & Dont’s for Wills & Enduring Powers of Attorney

Inheritance & Family Law

Enduring Power of Guardianship Donee Witness List

We can find a solution for you.

Our Services

Quick Links

Newsletter