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Download our Will Instruction Form here:
Will Instruction Form (PDF Document)

Why you should make a Will

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:

• 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.
• 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.
• 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.

Do you need professional help?

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.

Make your Will now!

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)

If both you and your spouse require identical Wills you need only fill in one form.

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 an initial consultation.

If you have any questions about how to complete the form please contact us for free assistance.

Once you have completed the form, please return it to us together with your payment either by:

• fax on 9220 4492;
• email to wills@birmanride.com.au; or
• mail to Birman & Ride, Level 3, Irwin Chambers, 16 Irwin Street, Perth WA 6000.

When we receive your completed form and payment we will:

• contact you to clarify your instructions; and
• prepare your Will and mail it to you with instructions for signing and safe keeping.

You can either sign the Will at home or call into our office and sign it here. There is no charge for this service.

Our charges

The cost for preparing a straightforward Will is $99 per person.

For people with more complex affairs we will be pleased to give you a quote at an initial consultation.

Do you need an initial consultation?

An initial consultation costs $99 and is up to 45 minutes in duration. At the consultation we will discuss your requirements in detail and give you a quote for preparation of your Will.

If:

• you would prefer to discuss your Will in person with a lawyer;
• your affairs are more complex; or
• you require a Will on an urgent basis

then we recommend that you contact us to arrange an initial consultation with one of our lawyers.

We recommend that you see us at an initial consultation if you:

• want to leave long lists of gifts;
• want to leave anything to charity;
• have an interest in a family company, trust, business or partnership;
• have identified the possibility of your Will being challenged under the Inheritance (Family and Dependants Provision) Act;
• intend to leave your estate to persons other than your spouse or de facto spouse, children or other dependants;
• do not understand the English language, have difficulty understanding these instructions or are unable to sign your name;
• want to give your property away with certain conditions attached, for example rights to purchase or life estate interests; or
• require capital gains or other tax or estate planning information.

The executor of your Will

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:

• taking charge of and protecting your assets;
• making arrangements for your funeral;
• notifying all interested parties including the beneficiaries named in your Will;
• if necessary, obtaining an authority to administer your estate in the form of a Grant of Probate from the Supreme Court;
• paying funeral expenses and any debts of your estate;
• finalising income tax returns; and
• 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.

Who should be your executor?

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:

• If you are leaving everything in your Will to one person only it makes sense to appoint that person as your executor.
• 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.
• 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.
• You can appoint a trusted family friend or relative.
• 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.
• You can appoint a professional executor such as the Public Trustee, a trustee company or a firm of solicitors such as Birman & Ride.

Professional executors and trustees

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 hefty fee - usually based on the gross value of your assets.

The Public Trustee sounds like a non-profit institution devoted to public service. The truth is that the Public Trustee is a profit-making government business and competes with private trustee companies to obtain lucrative executorships.

The Public Trustee prepares free Wills appointing himself as the executor of the estate. He charges a commission for administering the estate. The commission is based on the gross value of your assets and can be very substantial.

If your circumstances require a professional executor, appoint us and pay less

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.

In most cases, our fees are substantially lower than the Public Trustee. Contact us for an obligation free quote.

Safe custody storage

Free storage

You are welcome to store your completed Will in our safe custody facility. There is no charge for storing the Will.

Retrieving your Will

• In person
  You may collect your Will from our offices during business hours. Please telephone us 24 hours in advance of collection to enable us to have the Will ready for you. Please bring photo identification with you. If you wish to collect another person’s Will (even your spouse’s Will) you must give us an original document signed by that person authorising you to collect the Will from us.

  There is no charge for collecting Wills in person.

• By mail
  We will send you your original Will by registered mail. In this case you must give us a written request for the return of your Will including your return address and payment of an administration charge of $30.
• By your executor
  Following your death your executor may retrieve your Will from our safe custody facility. For further information see our Probate and estates page.

Can your Will be challenged after your death?

Visit Challenging an unfair Will.

What about your old 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.

Make an Enduring Power of Attorney

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.