Ensure your final affairs are in order with invaluable legal support

Estate planning is about taking steps to safeguard your assets and ensure they’re passed on to the people you choose — known as beneficiaries — upon your death.

Our estate planning lawyers in Perth will work with you to provide comprehensive protection of your assets and advise on how to minimise family disputes in the future. However your assets are held, either personally, jointly, in a family trust, company or self-managed superannuation fund, our team is here to help.

We can guide you through the legal complexities of Wills, Testamentary Trusts, Enduring Powers of Attorney, Enduring Powers of Guardianship, Advanced Health Directives, and other estate planning tools. Enjoy peace of mind that your assets will be distributed as per your final wishes and with complete clarity.

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Leave your legacy as intended with our Perth estate planning lawyers

Today’s family structures and financial affairs are more complex than ever, which can make planning for the future transfer of wealth feel daunting.

That’s where our trusted estate planning lawyers in Perth excel, providing personalised advice and practical support to help protect your assets and preserve your legacy.

While a carefully drafted Will is at the heart of every estate plan, other important legal tools can help secure your wishes, including:

– Testamentary Trusts set out in your Will
– Enduring Guardianship documents
– Advance Health Directives
– Special Disability Trusts
– Binding Death Benefit Nominations for your superannuation
– Director nominations for private companies
– Discretionary and Protective Trusts
– Enduring Powers of Attorney

Our estate planning lawyers in Perth can help you put all of this in place so you can focus on what matters most—with confidence that your future, and the future of your loved ones, is well looked after.

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Estate planning lawyers for every crucial consideration

Wills & Testamentary Trusts

A Will is a legal document that sets out how someone’s estate is to be distributed after they pass away.

Whilst this is a topic that we often do not prioritise in our day-to-day lives, having a valid will is imperative to ensuring that the people we care about are sufficiently looked after, to help secure their future.

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When a person passes away, whoever is listed as the Executor of their estate must obtain the relevant licence to properly deal with their estate. This licence is known as a ‘Grant of Probate’ and is obtained through the Supreme Court.

If a person passes away without a valid Will, they are said to pass away intestate. Section 14 of the Administration Act 1903 will then govern how a person’s estate is to be distributed. This usually includes the spouse or any children that the deceased may have had.

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Grant of Probate & Letters of Administration

Advance Healthcare Directive

An Advance Health Directive is a legal document that can direct which medical treatment is administered to you in the event you lose capacity or are unable to communicate your wishes.

Our estate planning lawyers in Perth tailor Advance Health Directives to provide that in the event you are being kept alive by artificial means, and two independent medical specialists determine that you have no prospects of recovering, your life-sustaining treatment can be removed.

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An enduring power of attorney is a legal document that enables someone else to deal with your financial and legal affairs in the event you are unable to do so for various reasons, or it is practically convenient to enable someone else to deal with your affairs.

A power of attorney that is designed to continue to operate after loss of capacity is referred to as an enduring power of attorney.

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Enduring Power of Attorney

Make pivotal decisions with peace of mind and provide for your loved ones after you pass away. Our estate planning lawyers in Perth can guide you through all legal options.

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Your experienced Estate planning lawyers in Perth

Empathetic support

Estate planning can feel confronting, but you don’t have to do it alone. Our dedicated lawyers take the time to understand your needs, offering compassionate support and advice that’s focused on what matters most to you.

Total peace of mind

Whether you’re updating your Will, setting up a trust, or making decisions about your medical care, we’re here to protect your interests and ensure that your affairs are in order—now and into the future.

Clear & authentic advice

Our estate planning lawyers in Perth believe in keeping things simple, practical and transparent. Equipped with honest advice, realistic outcomes, and clear explanations, you can make informed decisions about your estate with confidence.

Lower risk of disputes

Planning now can save your loved ones from confusion and conflict later. We can help you set things up properly so no one is left guessing when the time comes. That includes making sure your Will is valid and your wishes are documented clearly.

Personalised to you

Everyone’s life and legacy are different. We’ll tailor your estate plan to suit your needs, family, and goals. That could mean planning for a family business handover, making sure children from a previous relationship are provided for, or nominating someone you trust to make decisions if you’re ever unable to.

Frequently asked questions

What is estate planning?

Estate planning is the process of setting out how your assets, finances, and personal care will be managed if you pass away or lose the ability to make decisions.

It typically involves preparing a valid Will, appointing decision-makers, and documenting your medical preferences.

This legal document helps you stay in control and gives your loved ones clear guidance when it matters most.

What documents are included in an estate plan?

An estate plan usually includes:

  • A valid Will
  • Enduring Power of Attorney
  • Enduring Power of Guardianship
  • Advance Health Directive

Depending on your needs, it may also include superannuation nominations, trust arrangements, or business succession documents.

These documents work together to make sure your affairs are handled the way you want, even if you’re unable to speak for yourself.

What happens if you die without a Will in WA?

If you die without a valid Will in WA, your estate is distributed under a legal formula set out in the Administration Act 1903 (WA). This may not match your wishes or suit your family’s needs.

Having a Will in place ensures your assets go to the right people, reducing stress for your loved ones during an already difficult time.

What is an Enduring Power of Attorney in WA?

An Enduring Power of Attorney (EPA) lets you appoint someone to manage your property and financial affairs if you lose decision-making capacity.

In WA, the EPA continues to operate even if you become unwell or unable to act, which makes it a key part of planning for the future.

Who can make medical and personal decisions on my behalf if I lose capacity in WA?

In WA, you can appoint someone you trust to make health and lifestyle decisions on your behalf using an Enduring Power of Guardianship (EPG).

You can also record your treatment preferences in an Advance Health Directive, which doctors must follow if you can’t speak for yourself.

How often should I update my estate plan in WA?

It’s a good idea to review your estate plan every three to five years or whenever your personal circumstances change.

This is because major life events like marriage, divorce, a new child, or buying property can affect how your plan works, and outdated documents can cause problems down the line.

Can I include superannuation in my Will?

Superannuation doesn’t automatically form part of your estate. To control who receives it, you usually need to complete a binding death benefit nomination with your super fund.

Importantly, only dependents (e.g. your spouse or children) and your legal personal representative (i.e. your estate/executor) may receive your super.

If no nomination is made, your fund’s trustee decides who gets your super, which may not align with your wishes.

What is a testamentary trust, and how is it different from a Will?

A testamentary trust is a legal arrangement created in your Will that begins after your death. Instead of giving assets directly to your beneficiaries, the assets are placed in a trust and managed by a trustee of your choosing.

The trustee is responsible for distributing income and capital from the trust in line with the instructions you’ve set out in your Will.

Testamentary trusts are often used in Australia to:

  • Protect young or vulnerable beneficiaries, including children, people with disabilities, or those at risk of financial abuse
  • Provide structured support over time, such as releasing funds when a child turns 25 or reaches specific life milestones
  • Minimise tax by distributing income to multiple beneficiaries who may be on lower marginal tax rates
  • Shield inheritances from relationship breakdowns, bankruptcy, or legal claims

Therefore, a well-drafted trust can offer greater control, flexibility, and protection than a simple Will alone.

If you’re unsure whether a testamentary trust suits your situation, an estate planning lawyer can help assess your family’s needs and ensure the trust is legally sound and tailored to your goals.

Who should I appoint as my executor?

Your executor is the person responsible for managing your estate after you die, including paying debts, lodging tax returns, and distributing assets.

Choose someone you trust to handle paperwork, stay organised, and act fairly. You can also appoint a lawyer or a trustee company if preferred.

How can estate planning help prevent family disputes?

A clear estate plan makes your wishes known and prevents confusion. In turn, it can help avoid misunderstandings, delays, and expensive legal battles between family members.

By getting your documents in order before your death, you will make the entire process smoother and more cost-effective for the people you leave behind at this difficult time.

Are DIY Will kits legal in WA?

DIY Wills can be legally valid in WA if they meet strict formal requirements.

However, they are often challenged or found invalid due to mistakes or unclear wording. Even small errors can cause major issues, inconsistencies and costly conflict later.

Don’t take the risk—Our estate planning lawyers in Perth will ensure your Will is drafted clearly and correctly.

Is estate planning only required for wealthy people?

No. Estate planning is important for anyone who owns property, has children, or wants a say in how things are handled if they become unwell or die.

It’s not about how much you have; it’s about making sure what you do have is protected and passed on the way you intend.

How much does it cost to prepare an estate plan in WA?

The cost of preparing an estate plan in WA can vary depending on how simple or complex your needs are.

At Affinitas Legal, our estate planning lawyers in Perth charge a fixed rate of $250.00 for your first consultation.

This appointment typically lasts for one hour; however, if we go over time, rest assured, you won’t be charged any extra.

We will then be able to provide you with a fixed fee to complete the required work.

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