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The will, along with a medical power of attorney, a trust, and a financial power of attorney, is one of the most basic elements of an estate plan. When writing a will, the creator identifies the person they want to be in charge of managing the estate that will be left behind, as well as wrapping up any of the decedent’s unfinished affairs. This can be anything from filing tax returns to identifying and solving debts.To ensure that legal possessions will be distributed as you wanted, it’s crucial to draft a will that outlines your preferences explicitly and specifies solutions to possible problems. Because of a will’s importance, it’s best to turn to a professional when preparing it. Brook Legal, the Will and Probate Centre, explains how our team of legal lawyers in Perth, WA can help you: Cr...

Jack and his wife have three young children. They own a house as joint tenants (meaning the property will pass to the survivor) and a dress-making business. Jack and his wife each make a Will leaving everything to each other and then to their children in equal shares. Jack’s wife dies unexpectedly.Several years later…Jill owns a dress boutique. Jill meets Jack when buying dresses from Jack’s dress-making business. Jack and Jill start dating and eventually enter into a relationship.Jack suggests to Jill that she sells her boutique and works with him in the dress-making business. Subsequently, Jack and Jill move into Jack’s home to raise the children together.Each morning, Jack wakes up and says, ‘Darling Jill, I love you. One day all this will be yours.’ TIME FREEZE - Is it tr...

Do you have a will? Statistically, there is a high chance that you don’t. A whopping 45% of Australians do not have a valid will. That’s alarming considering that a will is the most important document you ever will sign in your life.So why are you putting it off? Do you think you are out of reach from the spectre of death? Sure, you might have your health, but one day, and I hope for your sake it’s a long time in future, you’re going to die. Sorry to be the bearer of bad news.And then what’s going to happen to your assets? It’s possibly going to be taxed, distributed to people against your wishes or even straight to the government. Instead, plan your estate and make a will. If that doesn’t encourage you, then read on, because in this blog we are going to look at why estate planni...

What is Probate? Good question!  Many people think that once a person dies, the Will they drew up magically appears in the hands of the executor.  The executor then calls everyone detailed in the Will together to hear what they were left and they then all leave with their entitlements.Before any assets or possession are distributed, the Will has to go through Probate; the legal process necessary to carry out the instructions specified in the Will of the deceased.Probate is made of three general steps:Registration of the last Will of the deceased to the Supreme Court. Authorization of a Grant of Probate. Distribution of assets and possessions.Registration of the last Will The executor of the Will is the person responsible for registering the last Will to the Supreme Court of th...