Wills and Comprehensive Estate Planning Perth

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 solutions, whether your situation is simple or complex.

We take the time to deeply understand your personal, financial, and family circumstances.

As experienced Wills and estates lawyers, we guide you through every decision clearly and compassionately. Our goal is to ensure your final intentions are legally sound and fully compliant with Western Australian laws. We also make the process easy for your loved ones to execute.

Why Strategic Estate Planning Matters in Perth

We often push estate planning to the back of our minds. However, it is crucial for ensuring our loved ones are taken care of after we’re gone.

By preparing a Will, you can outline exactly how you want your assets to be distributed. This provides peace of mind for both you and your family.

Will preparation allows you to make important decisions regarding your estate, ensuring your wishes are carried out. It’s never too early to start thinking about Wills and estate planning to secure your legacy and protect your loved ones.

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

The Downside of DIY Wills

A common mistake we see is ‘do-it-yourself’ Will kits. While they may seem cost-effective initially, they often lack the legal precision required by the Supreme Court of Western Australia. Minor errors in signing, witnessing, or wording can invalidate the entire document, leading to costly legal battles for your family. This is why consulting professional lawyers is strongly recommended.

Our Commitment to Protection

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.

We act as your diligent lawyers, anticipating potential future conflicts and building robust legal structures to prevent them.

The Essential Components of Strategic Estate Planning in Western Australia

Estate planning is more than just writing a Will. It’s about creating a comprehensive strategy to manage your affairs while you are alive and distribute your assets efficiently after you are gone.

Our team focuses on demystifying this process. We ensure every document is robust and works together to protect you and your loved ones.

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.

However, some assets fall outside your estate and need separate planning. This is a crucial distinction our team will help you navigate. Our dedicated lawyers ensure you understand the full scope of your estate.

Assets included in your estate:

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

Assets not automatically included (requiring separate planning):

• Jointly Owned Assets: These assets (like a home owned jointly with a spouse) pass directly to the surviving joint owner via ‘survivorship rules.’
• Family Trust Assets: If you control a discretionary trust (family trust), we help you plan for who will take over control and management of the trust.
• Company-owned assets: While the company’s assets remain separate, your shares in that company do form part of your estate.
• Superannuation and Life Insurance: To direct where these benefits go, you must make a binding death benefit nomination (BDN). This is a critical component of holistic estate planning in Perth. The advice of our experienced lawyers is vital here.

Planning for Non-Financial Matters

Your Will can also cover vital non-financial matters, such as:

• Appointing a guardian for your minor children.
• Nominating a caregiver for your pets.
• Outlining funeral and burial preferences.

Beyond the Will: Lifetime Protection Documents

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

The unexpected loss of capacity is a real concern. Having the right documents in place can save your loved ones significant stress, time, and money.

We strongly recommend preparing two essential documents:

1. Enduring Powers of Attorney (EPA)

This document allows you to appoint someone (your ‘attorney’) to manage your financial and property matters if you lose capacity. This is a fundamental safeguard in proactive estate planning. Our lawyers assist with drafting and executing these critical documents.

2. Enduring Powers of Guardianship (EPG)

This allows you to appoint a ‘guardian’ to make medical and personal decisions on your behalf. These decisions include where you live or the health care you receive.

If you don’t have these documents, your family may have to apply to the State Administrative Tribunal (SAT) for management orders. This process in Perth is often costly, time-consuming, and emotionally draining for families.

Advanced Strategies: Tax and Asset Protection

For clients with complex assets or blended families, simple Wills often fall short. Our experienced lawyers utilise advanced structures to maximise protection and minimise future liabilities.

Choosing the Right Will for Your Family’s Future with an Estate Planning Lawyer

At TLS, we offer two main types of Wills. Our lawyers can help you choose the best structure to protect your beneficiaries and align with your overall estate strategy.

Simple Wills vs. Smarter Wills (TDTs)

1. Simple Wills

This is ideal for uncomplicated estates or when comprehensive asset protection is not a primary concern.

2. Smarter Wills (Testamentary Discretionary Trusts)

These Wills provide your beneficiaries with a powerful choice, offering greater control, flexibility, and significant potential tax and asset protection benefits.

Understanding Testamentary Discretionary Trusts (TDTs)

A TDT is a special trust created by the Will after your death. It allows your beneficiaries to manage their inheritance in a way that shields assets and optimises tax outcomes. This is a powerful tool used by Wills and estates lawyers to provide generational security.

Key Benefits of a Testamentary Trust:

• Asset Protection During Insolvency: Assets held in the trust are typically protected from creditors.
• Family Law Resilience: Assets may be excluded from the relationship property pool if a beneficiary is not in control of the trust.
• Income Streaming: Income generated can be distributed to lower-taxed family members, reducing the overall tax burden. These tax benefits are a major reason why many lawyers recommend TDTs.

Beneficiary Support Trusts Explained

If a beneficiary has difficulty managing money or is vulnerable for any reason, we may recommend a Beneficiary Support Trust.

This structure ensures their inheritance is managed for their benefit, without giving them direct control over the capital.

In appropriate cases, this trust may be set up as a special disability trust. This can preserve their access to critical Centrelink or NDIS-related benefits and concessions in Western Australia. Our lawyers ensure these complex structures are legally sound.

Professional Assistance with Probate and Deceased Estates in Perth

When a loved one passes away, the process of administering their estate can feel overwhelming, especially while grieving. Our empathetic team of estate planning lawyers provides calm, clear, and specialist guidance through the entire process of managing a deceased estate.

The Role of a Grant of Probate

If the deceased left a valid Will, the Executor often needs to apply to the Supreme Court of Western Australia. This application is for a Grant of Probate. This formal legal document confirms the Will is valid and authorises the Executor to manage and distribute the assets according to the law.

Comprehensive Estate Administration Services:

• Preparing and lodging the application for a Grant of Probate or Letters of Administration (if there is no Will).
• Assisting Executors with all aspects of estate administration, from collecting assets to paying liabilities and distributing the estate. This task is often complex and requires experienced lawyers.
• Providing advice on complex issues such as Disputed Estates, Inheritance Claims, and Passing of Accounts.
• Ensuring the Executor complies with the formal legal requirements of the Administration Act 1903 (WA), Trustees Act 1962 (WA) and other relevant legislation.

Losing a family member is hard enough without the added burden of complex legal paperwork. Let our experienced estate planning lawyers manage the legal complexity so you can focus on your family. Our Perth-based dedicated lawyers are here to support you every step of the way.

Why Choose Tactical Legal Solutions?

The TLS team provides calm, clear, and practical guidance throughout the entire estate planning process. When you choose us as your legal partner in Perth, you benefit from:

Tailored Solutions:

We tailor your Will and estate plan to your specific needs and family situation.

Legal Compliance:

We ensure your Will complies with the formal requirements of the Wills Act 1970 (WA) and other relevant legislation.

Empathetic Approach:

We help you make confident, informed choices, explaining all technical terms in a clear, easy-to-understand manner.

Need help with your Will or estate plan?

Contact us today to arrange an appointment with a professional Wills and estate planning lawyer and begin securing your legacy.