Many people are concerned about what will happen to the welfare and security of their loved ones after they pass away. They may want some of their money or property to be used for a certain purpose, or given to a charity. The simplest (and most easily enforceable) way to do this is with a legal Will.
A Will is a document that specifies exactly what you want to happen with your property after you pass away. It can be very general, giving everything to a particular person or beneficiary, or it can specify which item/right is to go to which person. A Will must be very carefully drafted in order to meet rules for enforceability; for example, you often can’t put a condition on someone getting something, and some types of property can’t be passed on. If it is not drafted correctly, there may be disputes or your wishes may not be carried out properly.
If you wish to create a Will, Fourlion Legal can help ensure that your Will accurately expresses your wishes, and that it is enforceable. We can advise you on nominating an executor, and what to do with the Will document/s.
When a person passes away, it is up to their executor – often a spouse/child or a trusted close friend – to deal with their property according to the Will. The wishes expressed in the Will are not carried out automatically; it is done through a process called probate that involves application to the Supreme Court of Western Australia. Once the Court takes a look at the legality and enforceability of the Will, they can grant the probate. The executor can then use this order to go to Landgate, the bank etc., and get property transferred officially to the beneficiary/beneficiaries.
Depending on the complexity of the Will and the way it is drafted, this can be a difficult process. At Fourlion Legal, we understand the need to get the matter settled as soon as possible, so that everyone involved can move on. We provide advice, assistance and representation in probate applications.