Planning for Peace of Mind: Estate Planning in Western Australia
Estate planning isn’t just about preparing for the inevitable it’s about protecting what matters most. In Western Australia, a well prepared estate plan ensures your assets are distributed according to your wishes, your loved ones are cared for, and your legacy is preserved with clarity and dignity.
What Is Estate Planning?
Estate planning involves making legal arrangements for the management and distribution of your assets after death or in the event of incapacity. It goes beyond writing a Will, it includes enduring powers of attorney, guardianship, advance health directives, and strategies to minimise disputes and tax implications.
Key Documents in WA Estate Planning
In Western Australia, your estate plan may include:
- Superannuation Nominations: Ensures your super is directed to your intended beneficiaries, often outside your Will.
- Will: Specifies how your assets are distributed and who will manage your estate (the executor).
- Enduring Power of Attorney (EPA): Appoints someone to manage your financial affairs if you lose capacity.
- Enduring Power of Guardianship (EPG): Allows someone to make personal and lifestyle decisions on your behalf.
- Advance Health Directive (AHD): Documents your preferences for medical treatment if you’re unable to communicate.
Legal Requirements in WA
Under the Wills Act 1970 (WA), a valid Will must be:
- Made by someone aged 18+ with testamentary capacity
- In writing (typed or handwritten)
- Signed by the testator in the presence of two witnesses
Failure to meet these requirements may result in the Will being declared invalid, and your estate distributed under WA’s intestacy laws.
Why Estate Planning Matters ?
Without a valid estate plan:
- Your assets may not go to the people you intended
- Family disputes may arise, leading to costly litigation
- Decisions about your health and finances may be made by someone you wouldn’t have chosen
Estate planning gives you control, protects vulnerable loved ones, and reduces stress for your family during difficult times.
Who Should Consider Estate Planning?
Everyone. Whether you’re a young professional, a parent, a retiree, or a business owner, estate planning is essential. It’s especially important if you:
- Are concerned about future incapacity
- Own property or significant assets
- Have children or dependents
- Are part of a blended family
- Want to support charitable causes
How Samps Legal Can Help ?
At Samps Legal, we offer tailored estate planning services that reflect your values and circumstances. We take the time to understand your goals and guide you through each step with clarity and compassion. Whether you’re starting fresh or updating an existing plan, we’re here to ensure your wishes are documented and your legacy is secure.