Wills & Estates

Will Lawyers - Perth & Bunburry

More than 45 years of experience with Estate Planning & Probate matters - Perth, Applecross & Bunbury

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- Wills & Estate Planning Lawyers in Perth

Experienced Legal Advice for Estates & Inheritance

At Peter J Griffin & Co, we offer professional legal advice on a wide range of issues, including deceased estates and inheritance disputes. If you need legal advice or help to prepare documentation to finalise deceased estates, including probates, Letters of Administration and Family Provision Act claims, we’re here to help.

- Deceased Estate Lawyer -

Documentation Preparation

At Peter J Griffin & Co, we seek to resolve matters quickly and in your best interest. If someone close to you has died and you’ve been nominated as an executor in the Will, you may need to apply for probate to administer the deceased estate. However, if the person has died without leaving a valid Will, you may need to apply for Letters of Administration.


Our lawyer can help you with all of the paperwork involved, including assistance with inquiries and drafting documentation. Where you have made an application and received a Requisition Notice from the Probate Office, our Firm can assist you to answer the inquiries.

More than 45 years of experience advising

Wills, Probates & Estate Legal Matters in Perth & Applecross

We understand the emotional difficulties that come with making a Will or handling the affairs of a deceased person's estate. We also acknowledge the delicate nature of death and the various dynamics within families and so with each case we take a personalised approach. 


Although it may seem uncommon to think about planning for the future when you're no longer here, having a Will and managing your Estate is crucial to ensuring your assets are distributed according to your wishes, and protecting the well-being of your loved ones even after you're gone.


We have more than 45 years of experience with deceased estates, probates, and inheritance disputes. We can guide you through an array of complex cases, ensuring your wishes are respected and your legacy safeguarded. 


From drafting a comprehensive will, to managing disputes or contests over a Will, or seeking advice on managing Estate following the loss of a family member, Peter J Griffin & Co can provide the support you need. We're not just legal experts; we're your partners in navigating the complexities of inheritance and Estate Law. 

Trusted Advice for Peace of Mind - Applecross, Bunbury & WA 

Our legal team brings extensive expertise to a broad range of Estates, Wills and Probates. We can help you with the following:


  • Draft and prepare Wills and expert advice in Estate Planning
  • Draft and prepare Enduring Powers of Attorney (EPAs), and Enduring Powers of Guardianship (EPGs)
  • Prepare documentation to finalise deceased estates, including Probates, Letters of Administration and Family Provision Act claims
  • Oversee the administration of deceased estates or trusts
  • Manage disputes and litigation concerning deceased estates, including probate proceedings that contest the validity of wills
  • Handle claims against trusts or trustees
  • Conduct proceedings under the Guardianship and Administration Act regarding the administration of an incapacitated person's affairs


At Peter J Griffin & Co, we seek to resolve matters quickly and in your best interest. If someone close to you has died and you’ve been nominated as an executor in the Will, you may need to apply for Probate to administer the deceased estate. However, if the person has died without leaving a valid Will, you may need to apply for Letters of Administration.


We can help you with all the paperwork involved, including assistance with inquiries and drafting documentation. Where you have made an application and received a Requisition Notice from the Probate Office, our Firm can assist you to answer the inquiries.

Looking for Will Lawyers near me?

Need advice from a Wills and Estate Lawyer in Perth or Bunbury, get in touch with Peter J Griffin & Co.

Wills & Estate Planning

Estate planning is the process of organizing and managing your assets and affairs during your lifetime and ensuring their proper distribution upon your death. It involves making decisions and creating legal documents to ensure that your wishes regarding the management and transfer of your estate are followed.


Estate planning typically involves tasks such as creating a will, establishing trusts, designating beneficiaries for insurance policies and retirement accounts, appointing guardians for minor children, and planning for healthcare and financial decision-making in the event of incapacitation.


The goal of estate planning is to provide for the smooth transfer of assets, minimize potential taxes and expenses, protect the interests of loved ones, and ensure that your legacy is preserved according to your wishes. It is a proactive approach that allows you to have control over your assets and affairs, both during your lifetime and after your passing.

Why do I need legal advice when creating a Will, when I can use a Will kit?

Every individual's situation is unique, and a Will kit may not adequately address your specific needs and concerns. By consulting with a legal professional, you can receive personalized advice and assistance in crafting a Will that reflects your intentions and considers various factors such as family dynamics, tax implications and avoid errors and disputes.

Estate Administration Lawyers in Perth

Navigating the loss of a loved one is incredibly challenging. Amid such times, concerns about their will and estate shouldn't add to your burden. Our experienced Will and Estate Lawyers team in Perth will support you through this tough phase with empathy and compassion. We'll take you step-by-step through any necessary procedures, providing guidance and assurance when you need it most.


When a person passes away and you're named as the executor or beneficiary of their estate, you're facing many potential obligations and considerations. We're here to provide the support you need. Our role in estate administration can be as extensive or as limited as you, the executor, prefer. You may need to apply for a Grant of Probate or Letters of Administration. A Grant of Probate applies when there's a will, whereas Letters of Administration are needed in cases without a will, or when a Will exists but lacks an executor. The latter may include situations where an executor is mentally incapacitated, outside the country, or when an urgent grant is needed to manage an asset at risk – for instance, when a business owner passes away, and their business cannot continue without a legally authorized individual to manage financial transactions.


Understanding the legal aspects of deceased estates is crucial, as it's a complex field due to continually evolving laws and increasingly intricate modern estates. The societal complexity of blended families, de facto relationships, stepchildren, and testamentary trusts, along with the intricacies of today's business structures and asset portfolios, demand special consideration. All these factors contribute to constantly emerging precedents that reshape the legal landscape.

What is Probate of a Will & when is it required?

Probate of a Will is the legal process through which Court validates and approves a deceased person's Will. It is a formal procedure that confirms the will's authenticity and grants the authority to the executor named in the will to administer the deceased person's estate.


Whenever a will is left behind by a deceased person with an executor appointed, the Administration Act 1903 (WA) specifies that the will must be verified Supreme Court of Western Australia and a certificate granted by the Probate Office against the Will. If you are an executor, solicitor, or another person with such power, you can apply for probate in the SC of WA any time after 14 days after the death of the testator. The application may be made online or submitted in physical form in person at the Probate Office or by post. If there is no valid will, you will have to apply for Letters of Administration.


At Peter J. Griffin & Co, we can help you apply for a Grant of Probate or Letter of Administration, provide answers to any inquiries made by the Probate Office by sending a requisition, as well as handle any other procedures involved. 

Trust Setup & Management 

A trust is a legal agreement or relationship whereby a trustee, which can be an individual, group, or organization, appointed by a trustor, holds and manages assets for the benefit of another person, called the beneficiary. Usually, the beneficiary is underage, incapacitated, or otherwise unable to manage the property by themselves.


There are 8 main types of trusts:


Fixed Trust – The most common type of trust, a fixed trust enforces the automatic transfer of a fixed amount of assets to a specific beneficiary, with the trustee having no say in it

Discretionary Trusts – In discretionary trusts, the trustee has full power or discretion over when, how, and to whom the assets are distributed

Hybrid Trusts – These trusts combine the above two features, giving the beneficiary certain rights and fixed interests over the assets while retaining the power of the distribution of assets with the trustee

Charitable Trusts – These are trusts where the beneficiary is a charitable organization or a list of such organizations catering to a certain cause

Superannuation Trusts – Superannuation trusts are automatically set up to accumulate your superannuation, to be granted to you after retirement

Testamentary Trusts – These are trusts set up by a testator in their will and get activated only after their death

Bare Trusts – Bare trusts are held on behalf of the beneficiary by a trustee, with the beneficiary retaining full control over the management of the assets

Unit Trusts – Unit trusts are held by multiple beneficiaries, each of whom has a fixed interest in the trust – they hold units in the trust just like shares and have full control over them


We can help you set up trusts for the equitable distribution of assets and minimization of taxable assets. 

Inheritance Disputes 

Disputes can arise during estate settlements. The executor could be delaying the probate application or might be proven to have influenced the testator, the beneficiaries disagree on the distribution of the assets, unauthorized asset transfers or other such actions by the appointed attorney, administrator, executor, or beneficiary, superannuation challenges, division of complex estates and trusts, disputes due to intestate deaths, challenging the validity of a will, ambiguity in the clauses of the will.


Peter J. Griffin & Co will assist you by looking at every aspect of the matter and providing the right resolution for the case. If this requires legal assistance like filing a claim or challenging the will in a court of law, we can help too. You found the right Wills & Estate lawyer in Perth in Peter J Griffin & Co no matter what you need we are here to help you. Our approach to the matter is to take the smoothest and least confrontational avenue to the desired results.

Tax Planning & Your Estate 

An estate tax is the amount levied on the total taxable estate of a person. Usually, if the estate value exceeds a certain ceiling for the year or period, this tax is levied on the estate. On the contrary, inheritance tax is paid on what a beneficiary receives from the deceased person. There is no estate or inheritance tax in Australia currently. However, capitals gain tax may apply if you decide to sell off any of the assets received, while any assets that you obtain an income from will be charged with income tax.


Proper tax planning helps in decreasing the amount of taxable property and income in your assets so that your beneficiaries can enjoy the maximum value of those assets. For example, supers bequeathed to spouses and dependent children are tax-free. Certain trusts are also tax-free. Our lawyers can guide you on intelligent estate planning and Will drafting to ensure the maximization of tax exemptions and benefits for you and your beneficiaries.

Why Choose Us as Your Estate Planning Lawyer?

With over 45 years of service and a track record of diverse cases from simple asset transfers to complicated estate divisions, we have gained the trust of Perth residents. We’re here to provide legal advice, to represent you for negotiations on your claim, and where required, in court. We give our best advice and inform you of all aspects of your legal claim and what you’re entitled to. Our firm will seek to uphold your best interests every time.


We service clients in Perth and Bunbury. Our office is at Suite 4, First Floor, 48 Kishorn Road, Applecross WA 6153, but you can visit us at U1, 2 Zoe Street, Bunbury WA 6230 by appointment too. Our working hours are 8:30 AM to 5:00 PM from Monday to Friday.


Contact us at 08 9316 2159 (Applecross Will & Estate Lawyers) or 1800 116114 (Freecall), fax us at 08 9364 1053, or mail us at admin@pjgriffin.com.au 


Need a Will & Estate Planning Lawyer in Perth?

Contact Peter J Griffin Estate Lawyers for legal advice, documentation assistance, or representation.

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