Wills and Estate Planning

Wills are important and can often be simple and straightforward. However in complex situations a comprehensive Estate Plan is required. Murfett Legal has one of the most experienced teams in Western Australia advising clients on Wills and estate planning. Our combined expertise in simple and complex Wills, estate planning litigation, taxation, property and commercial law ensures a comprehensive approach. We are sought for our legal advice and tax strategies for estate planning, trust administration and wealth protection. We ensure the right instruments, documentation and structures are put in place to effectively transfer assets of deceased estates, minimising the taxes that beneficiaries will have to pay.

An estate plan goes much further than a Will. It deals with the distribution of assets and wishes of a client while also ensuring beneficiaries pay substantially less in taxes, fees and court costs. Every client is different and we tailor our advice while drawing on decades of expertise in estate planning and documenting what happens to the ownership and control of assets in the event of loss of capacity or death.

Clients seeking comprehensive Estate Planning will benefit from Murfett Legal’s experience and feel fully supported in making sound decisions with the right legal documents in place. Our approach is to understand our client’s desires, together with their life circumstance, investments and business interests to develop an Estate Plan that clearly reflects and facilitates their wishes.

Not everyone needs a comprehensive Estate Plan. However, it is vital to have an up to date and personalised Will. We advise that a Will is reviewed every three to five years. It will need to be updated after a change in circumstances such as a significant alteration in assets, marriage, separation, divorce, retirement, adoption, birth or death.

We take the time and effort to get to know what matters for our clients and offer a range of comprehensive wills and estate planning services including;

Existing Will Review and Update with improvements to reflect current circumstances and requirements;
Estate Planning ; dealing with the personal, business and financial requirements of our clients, tailoring advice and documents ensuring tax effective outcomes for beneficiaries;
Drafting Wills including simple and complex Wills containing trusts and special provisions;
Special Trusts that are part of a Will, or by a separate Trust
Court Applications for Statutory Wills for those lacking testamentary capacity to make or change their Will;
Testamentary Trusts & Discretionary Trusts, tailored to the circumstances and needs of our clients with advice about the taxation and asset protection;
Working collaboratively with clients’ existing advisors, including accountants and financial planners to ensure the estate plan is tailored to suit clients’ distinct needs;
Preparing Enduring Powers of Attorney and Enduring Powers of Guardianship;
Self-Managed Superannuation Fund Trust Deeds;
Advance Health Directives;
Assisting Executors to apply for, and obtain, Probate of Wills from the Supreme Court;
Advising Executors and Trustees as to their obligations towards beneficiaries under Wills and Trusts;
Advising clients about challenging or defending Wills; and
Conducting estate litigation up to and including trial, including dispute resolution.

Contact Murfett Legal for advice tailored for your circumstances and tap into the expertise and support to make informed decisions about any estate-related matter.

FAQ for Wills and Estate Planning

Does a Will need to be registered in Australia?

Although there is no national or state Will registration system currently in place, many specific legal requirements need to be followed for a Will to be valid. Unfortunately, for those trying to locate Wills, this can be a burden to track down.

Finding an estate planning specialist is essential when making your Will. A professional will be able to help you draft your Will so that upon your passing, your assets can be given to those you have chosen. They will also assist you in creating an estate plan to minimise the risk of it being contested in the case of complex circumstances. Murfett Legal has one of the most experienced teams in Western Australia, advising clients on Wills and estate planning.

Get in touch with our team to learn more about our estate planning services today.

What is the difference between writing a Will and estate planning

While there are many similarities, an Estate Plan goes much further than a Will in dictating how your assets will be taken care of. In complex situations, an Estate Plan will be required to distribute the assets and wishes of a client. It will also help to ensure your beneficiaries don't pay too much in taxes, fees and court costs.

Everyone should have a Will, but not everyone will need to have a comprehensive Estate Plan. Our experienced team can help you make sound decisions about your Estate Plan and ensure the correct legal documentation is in place.

Contact us today to find out more.

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WHY A WILL AND PREPARING FOR INCAPACITY ARE IMPORTANT