A Will is a legal document which describes how your assets are to be divided upon your death and who is in charge of managing your estate.
The advantages of making a Will are:
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Your wishes will be clear - A properly drafted and signed Will gives clear directions to your family and friends which will enable your estate to be wound up efficiently and cost effectively.
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You decide who benefits from your estate - If you die without leaving a Will, your estate will be divided up according to an arbitrary formula set out in the Administration Act irrespective of your wishes and the various needs of those who survive you.
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You decide who manages your affairs - Without this information you may place your family in the awkward situation of deciding amongst themselves who will take charge of your affairs
Don't leave it too late. You must be of sound mind to make a Will. By acting now you can eliminate disputes about your mental capacity after your death.
You can prepare your own Will, but it could be a false economy in the long run. There are strict rules about interpreting Wills and the method of signing them. Although Wills with errors can sometimes be corrected in the Supreme Court, the process is expensive and time-consuming.
If you are involved in a business, a farm or a family trust you should certainly seek professional advice.
We offer a fixed price service for Wills
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What we offer
Straightforward Wills
If your affairs are straightforward, our Will Instruction Form is designed to capture all of the information we need in order to make your Will.
Download our Will Instruction Form here: Will Instruction Form (PDF Document)
Please complete a separate form for each person.
If you have any questions about how to complete the form please contact us on 9220 4433 for free assistance.
Once you have completed the form, please return it to us together with your payment either by:
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fax: 9220 4492;
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email: wills@birmanride.com.au; or
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mail: Birman & Ride, Level 3, Irwin Chambers, 16 Irwin Street, Perth WA 6000.
When we receive your completed form and payment we will:
You can either sign the Will at home or call into our office and sign it here. There is no charge for this service.
You are welcome to store your completed Will in our safe custody facility. There is no charge for storing the Will.
More complex Wills
The form is not designed for people with complex affairs or those who require a complex Will. In those cases you should contact us for a short consultation.
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Fixed price
The cost for preparing straightforward Wills is $150 per person.
For people with more complex affairs we will be pleased to give you a quote at a short consultation.
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Do you need an initial consultation?
An short consultation costs $99 and is up to 20 minutes in duration. At the consultation we will discuss your requirements and give you a quote for preparation of your Will. If:
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you would prefer to discuss your Will in person with a lawyer;
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your affairs are more complex; or
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you require a Will on an urgent basis
then we recommend that you contact us to arrange a short consultation with one of our team.
We recommend that you see us at an initial consultation if you:
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want to leave long lists of gifts;
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want to leave anything to charity;
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have an interest in a family company, trust, business or partnership;
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have identified the possibility of your Will being challenged under the Inheritance (Family and Dependants Provision) Act - visit Challenging an unfair Will for more information;
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intend to leave your estate to persons other than your spouse or de facto spouse, children or other dependants;
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do not understand the English language, have difficulty understanding these instructions or are unable to sign your name;
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want to give your property away with certain conditions attached, for example rights to purchase or life estate interests; or
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require capital gains or other tax or estate planning information.
Arrange an appointment now:
- use our online booking request
- or telephone 9220 4433 (1800 018 845 freecall from regional Western Australia) during business hours. If you're not booking online, you could save time at the consultation by completing our Initial Consultation Form (PDF document) and bringing it with you to the consultation.
What to bring to the consultation
How to find us
Initial consultations are held at our offices during business hours. Contact us for our street address, location map and details of parking arrangements. If necessary, we offer consultations after hours, at your premises or by telephone - additional charges apply.
Before the consultation
We will ask you to complete a capture sheet with your personal and business contact details and similar details for other parties involved in the matter. We need this information to maintain the integrity of our records protect you and the public generally against the possibility of fraud and to ensure that we do not have a conflict of interest that would preclude us from acting for you.
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Your executor is the person you nominate in your Will to administer your estate and carry out your wishes upon your death. You should give careful thought to your choice of executor. The duties of an executor include the following:
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taking charge of and protecting your assets;
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making arrangements for your funeral;
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notifying all interested parties including the beneficiaries named in your Will;
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if necessary, obtaining an authority to administer your estate in the form of a Grant of Probate from the Supreme Court;
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paying funeral expenses and any debts of your estate;
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finalising income tax returns; and
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selling or distributing your assets according to the directions in your Will.
Reasonable costs and out of pocket expenses incurred by your executor are normally paid out of your estate. Your executor is generally entitled to retain professional assistance if he or she requires it.
Learn more – visit Probate and estates.
Your executor does not need any special qualifications, but you should choose someone reliable. Your executor is not bound to act for you so it is wise to talk the matter over with them first. If your chosen executor requires professional assistance, he or she can engage a lawyer or other professionals when the time comes. We offer free information about administering deceased estates.
You can appoint one or more executors, and you can appoint an alternative executor in case your primary executor is unable or unwilling to act after your death.
Any beneficiary in your Will can act as an executor of your Will.
The choice of executor is entirely up to you but the following points may help you decide:
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If you are leaving everything in your Will to one person only it makes sense to appoint that person as your executor.
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If you are leaving everything to your spouse if he/she survives you then it makes sense to appoint your spouse as your primary executor.
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If you are leaving everything to your children in the event that your spouse dies before you, then consider appointing one or more of your children (over the age of 18) as your alternative executor.
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You can appoint a trusted family friend or relative.
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You may make a direction in your Will that your executor engage a solicitor such as Birman & Ride to assist them in the administration of the estate.
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You can appoint a professional executor such as the Public Trustee, a trustee company or a firm of solicitors such as Birman & Ride.
Sometimes there are advantages to having a professional executor:
- your family will not have to make many decisions about your affairs and much of the work will be done for them;
- the executor will have all of the skills necessary to wind up the estate quickly; and
- the executor will be independent and impartial if a dispute arises.
Trustee Companies and the Public Trustee
Trustee companies, including banks, offer Wills appointing themselves as your executor. When you die they administer your estate and deduct a fee. In most cases the fees is based on the gross value of your assets.
The Public Trustee prepares Wills appointing himself as executor and also Wills nominating private executors and charges a fee for this service. He offers a substantial discount on the fee if you appoint him as your executor. When you die, if the Public Trustee is your executor, he charges for estate administration on a fee for service basis.
If your circumstances require a professional executor, consider appointing us
Birman & Ride have over 20 years experience in the administration of deceased estates. If you would like to have a professional executor we can act on your behalf and administer your estate in an independent and professional manner. You may appoint us to act as your executor jointly with trusted family friends or relatives.
We can give you an obligation free quote or estimate at a short consultation.
You are welcome to store your completed Will in our safe custody facility. There is no charge for storing the Will.
Visit safe custody for more information.
Consider formalising any loans
Making a Will is often an opportunity to put your affairs in order generally. If you're borrowing or lending money, particularly where family or friends are involved, it always makes sense to formalise your agreement. A properly drafted agreement will protect your rights and help prevent a disagreement or relationship breakdown. We offer fixed prices for simple loan agreements.
Visit Challenging an unfair Will.
You can make a new Will at any time. A new Will makes your previous Will invalid. It is sensible to destroy your old Will when you make a new one. If your old Will is held by the Public Trustee or a trustee company it is courteous to advise them that their services are no longer required. We recommend that you review your Will from time to time or when your circumstances change.
An Enduring Power of Attorney enables you to appoint someone you trust to take care of your financial affairs in circumstances where you are unable to do so such as an accident, sudden illness or disability. An Enduring Power of Attorney is only operational during your lifetime, whereas your Will is only operational upon your death. For further information visit Enduring Power of Attorney.