Wills & Estates

Getting your house in order

We have over 20 years of experience in Wills, estate planning, and succession matters, which means that we can help protect your assets, advise you on how to plan your estate, and ensure your loved ones’ beneficiary rights.
 
Our lawyers can assist with: 

  • Enduring Power of Attorney (EPA)

    An Enduring Power of Attorney (EPA) allows you to nominate a trusted person who will have the authority to make important financial decisions for you if you are not able to, due to illness or incapacity. These duties may involve tasks such as paying your bills or managing your bank accounts. 


    Although it is possible for you to make your own EPA document, this comes with inherent risk. Let us guide you through a simple process that will prepare for your care under any unforeseen circumstances.


    Refer to our EPA Factsheet for more information.

  • Enduring Power of Guardianship (EPG)

    Similar to an EPA, an Enduring Power of Guardianship (EPG) allows you to nominate a trusted person who will be able to make medical and lifestyle decisions on your behalf, should you be unable to advocate for yourself. 


    Unlike an EPA, this is not limited to financial decisions. Rather, it ensures your future safety and wellbeing pertaining to treatments and support services.


    Refer to our EPG Factsheet for more information.

  • Wills & Codicils

    A Will is a legal document that sets out your final wishes upon death, including information about how you would like your assets, estates, and other items to be distributed. A small update to an already existing Will is called a ‘codicil.’


    We specialise in preparing, administering, and updating Wills and Codicils in Western Australia. Our lawyers will prepare the relevant clauses and conditions needed for your Will, to avoid a situation where your loved ones have to follow unclear instructions or legally fight for the right to manage your assets. 


    Download our Will planning eBook for more information.

  • Letters of Administration

     A Grant of Letters of Administration from the Supreme Court of WA gives a person the legal right to manage and distribute the assets of a deceased person who passed away without leaving behind a valid Will. 


    It is strongly recommended that you seek legal assistance with applications for Letters of Administration due to the legal considerations involved with complicated estate laws.


    Our lawyers can assist with the necessary steps to apply for and receive a Letters of Administration, reviewing the circumstances and considering the requirements from a legal perspective, preparing and lodging paperwork that meet the Court's requirements, and dealing with any requisitions issued should the Court take issue with any particular aspect of the application. 


    Relying on a lawyer for a Letters of Administration application can save you time and stress from having to navigate the legal considerations. It is more likely to result in a successful application.


    Download our Probate Fact Sheet for more information about the processes required in administering an estate.

  • Grant of Probate

    A Grant of Probate is a document which provides legal authority to the executor(s) of a Will to enable them to function in their role in overseeing the administration of a person’s Will. 


    Whether a Grant of Probate is necessary for administering an estate will depend how the assets are held and the value of the estate. Some financial organisations may require a Grant of Probate in order to release the asset for distribution.


    Seeking legal assistance with an application will save you time and stress as Bailiwick Legal will be able to provide legal advice on review of circumstances, prepare applications that meet the requirements of the Supreme Court and respond to any requisitions if the Court should issue a requisition.


    Download our Probate Fact Sheet for more information about the processes required in administering an estate.


  • Estate Litigation

    Ideally, the process of overseeing a Will is simple. However, in situations where the interpretation of the Will is unclear, or someone feels unfairly treated, we can provide advice, undertake settlement negotiations, and represent clients in Court if litigation is required.


    We can assist in disputes concerning the validity of Wills, administration of estates and claims for further provision from an estate for executors, administrators, beneficiaries, and other claimants. 

Testimonial

"I was looking a lawyer to draw up enduring Powers of Attorneys for my husband & myself. My dealings with this company has been amazing. All staff I have dealt with have been extremely professional the process for these documents has been so simple everything was fully explained so we understood these documents I found nothing I ask was a problem always dealt with promptly & extremely professionally.



My husband & I are extremely happy with our dealings Bailiwick Legal & should the need arise we will use them again

Highly recommend BAILIWICK LEGAL for all your legal needs, you will not be disappointed."



Carmel Downey