Wills & Estate Planning

Protect your legacy with one of Perth’s leading Wills & Estate law firms

A well-drafted Will gives your family clarity, protects your wishes, and provides peace of mind when it matters most. At Tactical Legal Solutions, we offer tailored, practical estate planning — whether your situation is simple or complex.

We take the time to understand your personal, financial, and family circumstances, and guide you through every decision clearly and compassionately.

What your Will can (and can’t) control

A Will governs the assets that form your estate, typically, assets that you own in your personal name. Some assets fall outside your estate and need separate planning. Here’s how that breaks down:

Included in your estate:

• Personal property
• Assets owned solely by you
• Shares you own in private companies

Not automatically included:

• Jointly owned assets
  These pass directly to the surviving joint owner (e.g. a home owned jointly with a spouse).
• Family trust assets
  If you control a discretionary trust (family trust), those assets remain under the trustee’s control after your death. Your Will cannot dispose of them directly — but you can plan for who will take over control.
• Company-owned assets
  Assets held by a company remain with the company. However, your shares in that company do form part of your estate and can be addressed in your Will.
• Superannuation and life insurance
  These are held by the superannuation trustee, not you. To direct where your super or death benefits go, you may need to make a binding death benefit nomination.

Your Will can also cover:

• Appointing a guardian for your minor children
• Nominating a caregiver for your pets
• Leaving gifts to family, friends, or charities
• Setting conditions on gifts (e.g. life interests, rights to reside or buy)
• Forgiving debts owed to you
• Providing a gift or payment to your Executor
• Outlining funeral and burial preferences

Why your Will matters

Many people don’t realise that a DIY Will or poor planning can cause confusion, delay and disputes, especially for blended families, business owners or those with complex asset structures.

At TLS, we help you:

• Avoid common estate planning mistakes
• Ensure your Will reflects your values and intentions
• Protect your family from uncertainty or unnecessary legal complications

Types of Wills we prepare

At TLS, we offer two main types of Wills — each designed to match your needs, goals, and family structure.

Simple Wills

A straightforward Will where your beneficiaries receive their entitlements directly (also known as “absolutely”). Ideal for uncomplicated estates or when asset protection isn’t a concern.

Smarter Wills

These provide your beneficiaries with choice: they can receive their inheritance outright, or through a testamentary discretionary trust, offering greater control, flexibility and potential tax and asset protection benefits.

What is a Testamentary Discretionary Trust (TDT)?

A Testamentary Discretionary Trust allows your beneficiaries to manage their inheritance in a way that protects assets and optimises tax outcomes, especially useful in complex or high-risk scenarios.

A TDT may be beneficial if your beneficiary is:

• Facing insolvency or creditor pressure
• Involved in Family Law proceedings
• A foreign tax resident
• A high-income earner seeking income distribution flexibility

Benefits of a Testamentary Trust:

• Asset protection during insolvency
  Assets held in the trust are typically protected from creditors.
• Family Law resilience
  If a beneficiary isn’t in control of the trust, assets may be excluded from the relationship property pool.
• Tax planning for foreign residents
  Transferring assets into a trust may avoid triggering capital gains tax (CGT) under disposal rules.
• Income streaming for high-income earners
  Income can be distributed to lower-taxed family members, reducing overall tax liability.

Beneficiaries can decide, at the time of distribution, whether to take assets directly or through a trust, ideally after receiving independent legal, tax or financial advice.

Beneficiary Support Trusts

If a beneficiary has difficulty managing money or is vulnerable for any reason, we may recommend a Beneficiary Support Trust. This ensures their inheritance is managed for their benefit, without giving them direct control.

The trust may provide for:

• Day-to-day expenses
• Care, education, and support
• Long-term financial protection

In appropriate cases, the trust may be set up as a special disability trust, preserving access to Centrelink or NDIS-related benefits and concessions.

Planning for life, not just death

A Will only takes effect after you pass away, but estate planning should also protect you during your lifetime.

We recommend preparing:

• Enduring Powers of Attorney (EPA) — to manage financial matters if you lose capacity
• Enduring Powers of Guardianship (EPG) — to make medical and personal decisions on your behalf

How we can help

The TLS team provides calm, clear, and expert guidance throughout the estate planning process. We can:

• Tailor your Will and estate plan to your needs and family situation.
• We make sure your Will meets all formal legal requirements — so it stands up when it matters most.
• Help you make confident, informed choices that reflect your values and protect your loved ones.

Need help with your will?

Call us to arrange an appointment with a specialist today

Our experienced team at TLS may assist you by:

• Providing advice to you and tailoring your Will and estate plan to your specific circumstances and goals.
• Preparing a valid Will to dispose of your estate, ensuring your estate will be distributed in accordance with your wishes, not in accordance with the laws of intestacy.
• Ensuring your Will complies with the formal requirements of Part 3 Section 8 of the Wills Act 1970 (WA).

Need help with your will?
Call us to arrange an appointment with a specialist today