Question 1

What do I need to bring to the consultation?

Accepted Answer

Please bring the documents and information listed on the relevant checklist.

 	Simple Wills
 	Complex Wills and Estate Planning
 	Enduring power of attorney

Question 2

When does my attorney begin acting for me?

Accepted Answer

When you create your EPOA you must choose whether the power is effective:

 	as soon as the EPOA is signed; or
 	only after your attorney has applied to the State Administrative Tribunal for declaration that you have lost capacity.

Question 3

Who can be my attorney?

Accepted Answer

Any adult you trust can be your attorney. Your attorney can act alone, jointly with another person (ie always together) or jointly and severally with that other person (ie together or separately). Your attorney must accept the responsibility of acting as your attorney by signing the acceptance section of your EPOA.

Question 4

What is an enduring power of attorney?

Accepted Answer

An enduring power of attorney (EPOA) enables an adult with full legal capacity to appoint another person to make decisions on their behalf about property and financial matters, for example selling real estate or managing bank accounts.

It does not permit an attorney to make personal and lifestyle decisions, including decisions about medical treatment.

Question 5

What is a simple Will?

Accepted Answer

Our Wills on the spot service is for the preparation of your simple Will. Under a simple Will you would typically leave the whole of your estate to your spouse or partner if he or she survives you. If your spouse does not survive you, you would generally provide that your estate is divided equally among your children. You may make provision that if any of your children die before you, the share they would otherwise have taken would be divided equally between their children (i.e. your grandchildren).

If you don&#8217;t have any children you may provide that your estate be divided in certain proportions among other friends or family members.

A simple Will does not include provision for complex substitution clauses, long lists of gifts or establishing testamentary trusts.

Unsure which service is for you? Read this information sheet for more information.

We cannot prepare an on-the-spot Will if any of the following apply:

 	you have an interest in a family company, family trust, business, partnership or a self-managed superannuation fund
 	you or your partner have children from other relationships (a blended family)
 	you want your Will to include a long list of gifts or gifts to charity
 	you have a large assets pool or complex family affairs
 	you wish to give your property away with conditions attached – for example rights to purchase or life estate interest
 	you wish to create testamentary trusts or protective trusts
 	you own real estate overseas
 	you wish to make mutual wills – a binding promise not to change your will
 	you have identified the possibility of your Will being challenged
 	you do not understand the English language or are unable to sign your name.

In those circumstances, your consultation will be an Estate Planning Consultation and we will give you a quote for preparing your Will after your consultation.

Question 6

What is an enduring power of guardianship?

Accepted Answer

An enduring power of guardianship (EPOG) enables an adult with full legal capacity to appoint another person to make decisions on their behalf about personal, lifestyle and treatment matters.

An EPOG does not authorise another person to manage your financial and property matters.

Question 7

Who can be a beneficiary of a Special Disability Trust?

Accepted Answer

Before a Special Disability Trust is established, the prospective beneficiary must be assessed as severely disabled under the legislation for this type of trust.

More information on the assessment process is available here.

Question 8

Do I need to come to your office?

Accepted Answer

Our Wills on the spot appointments are held at our Perth offices. We will prepare your Will and witness you sign it during the meeting.

If you&#8217;re unable to attend our office we can take your instructions via a Zoom consultation and post your Will to you with instructions for signing it.

Question 9

What can the Special Disability Trust fund be used for?

Accepted Answer

The fund must be used for the care and accommodation needs of a family member with severe disability. The trust can only have one beneficiary.

There are strict limits on the amount that can be spent in a financial year on discretionary items not related to the care and accommodation needs of the beneficiary of the trust.

Question 10

When does my guardian begin acting for me?

Accepted Answer

Your EPOG will only come into effect if you lose the capacity to make decisions for yourself. Your EPOG will not operate while you are still able to make reasonable judgments about your personal, lifestyle or treatment matters.

Free info guide

Help with the difficult questions so you can stop procrastinating and make your Will

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Why work with Perth Wills Centre?

01.

Estate planning done right

02.

Wills on-the-spot

03.

A refined, streamlined process

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Michael Hodgkins

Legal Practitioner Director

Lucy Dickens

Legal Practitioner Director

Sean McMurdo

Lawyer

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