Question 1

Do I need a will in Western Australia?

Accepted Answer

Yes. If you die without a will in Western Australia, your estate is distributed according to the Administration Act 1903 (WA), which may not reflect your wishes. A will allows you to choose who receives your assets, appoint an executor and, if you have children, nominate a guardian. Without a will, the law decides — not you.

Question 2

What is an Enduring Power of Attorney in Western Australia?

Accepted Answer

An Enduring Power of Attorney (EPA) is a legal document that authorises a person you choose (your attorney) to make financial and legal decisions on your behalf if you lose capacity. In Western Australia, EPAs are governed by the Guardianship and Administration Act 1990 (WA). Unlike an ordinary power of attorney, an EPA continues in force even if you become mentally incapacitated.

Question 3

What is an Enduring Power of Guardianship in Western Australia?

Accepted Answer

An Enduring Power of Guardianship (EPG) is a legal document that appoints a person to make personal, lifestyle and treatment decisions on your behalf if you lose capacity. This includes decisions about where you live and the medical treatment you receive. It is different from an Enduring Power of Attorney, which covers financial matters only.

Question 4

When is probate required in Western Australia?

Accepted Answer

Probate is required in Western Australia when the deceased held real property in their sole name, or when financial institutions require it before releasing funds. Each bank sets its own threshold — Westpac, for example, requires probate for combined account balances of $100,000 or more. A Grant of Probate is issued by the Supreme Court of Western Australia and confirms the executor's authority to administer the estate.

Question 5

What is a testamentary trust?

Accepted Answer

A testamentary trust is a trust created by your will that comes into effect after your death. It holds assets for the benefit of your beneficiaries and can provide protection from divorce, bankruptcy and creditor claims. Testamentary trusts can also be tax-effective, particularly where income is distributed to minor beneficiaries.

Question 6

What is an Advance Health Directive in Western Australia?

Accepted Answer

An Advance Health Directive (AHD) is a legal document that records your decisions about the medical treatment you would want — or not want — if you became unable to communicate. It is governed by the Guardianship and Administration Act 1990 (WA) and gives health professionals and family members clear direction about your wishes.

Question 7

What happens if someone dies without a will in Western Australia?

Accepted Answer

If a person dies intestate (without a will) in Western Australia, their estate is distributed according to the Administration Act 1903 (WA). The estate passes to the surviving spouse, children, parents or other relatives in a fixed order set by law. If there are no eligible relatives, the estate passes to the Crown. A family member must apply to the Supreme Court for Letters of Administration to be authorised to administer the estate.

Question 8

How much does a will cost at Crystal Lawyers?

Accepted Answer

Crystal Lawyers charges fixed fees for all estate planning services, including will preparation. Fees are transparent and agreed in advance — there are no hourly billing surprises. Contact Crystal Lawyers at val@crystallawyers.com.au or 0421 145 637 to discuss your matter and receive a fee estimate.

Question 9

Who is Val Antoff?

Accepted Answer

Val Antoff is the principal solicitor of Crystal Lawyers, a Perth-based law firm focusing exclusively on estate planning and the administration of deceased estates in Western Australia. Val holds a Bachelor of Laws from the University of New England and advises clients on wills, testamentary trusts, enduring powers of attorney, probate and deceased estate administration. Crystal Lawyers is based in Como, Perth.

Question 10

Where is Crystal Lawyers located?

Accepted Answer

Crystal Lawyers is located at Suite 1, 3 Barker Avenue, Como, Western Australia 6152. The firm also sees clients at 136 Stirling Highway, Nedlands, Western Australia 6009. You can contact the firm by phone on 0421 145 637 or by email at val@crystallawyers.com.au.

Understanding the Basics of a Deed of Gift – Your Essential Guide