Professional Fees & Disbursements

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Appointment of executors and substitutes, burial or cremation, gifts of residue to spouse (if applicable), with gift-over to child or children or other residuary beneficiaries. Limited clauses such as gifts to charities or rights of occupancy etc.

A standard will with detailed trust provisions which include significant asset protection and tax minimisation. These trusts are not suitable for all clients and a solicitor will provide advice on utility and suitability

A document which appoints a person to make financial and legal decisions for the donor of the power

A document which appoints a person to make healthcare and lifestyle decisions decisions for the donor on incapacity

A trust created during the lifetime of the client for the purposes of holding and distributing assets and income on a discretionary basis.

A document which records a person owing money to another. Often the document empowers the lender to secure their lending against the assets of the borrower.

Depending on complexity, consider defensive strategies for minimising or avoiding claims under the Family Provision Act 1972 (WA) or other equitable causes of action. Typically by using non-probate transactions or asset structuring.

Reviewing trust deeds and making basic amendments such as deeds of appointment and replacement of trustees, appointing corporate trustees, changing appointors or guardians 

Contracts for parties not alter the terms of the will without notice to the other party. Contracts not to deal with the subject matter of the gift under the contract to the detriment of proposed beneficiaries.

Agreements that deal with the terms of co-ownership, death of co-owners, shared property expenses, valuation methodology and sale of co-owned interests. 

Agreements that address shareholders' rights and interests, the sale or transfer of shares, and valuation methodology. The death of shareholders and key personnel insurance matters.

The costs of travelling to and from home visits and hospital visits.

The additional costs as a consequence of having to take detailed assessments of capacity and providing supplementary witnesses to signing appointments.

Application to the Supreme Court of WA for a grant of representation for a will where the will meets the formal requirements under the Wills Act 1970 (WA).

Basic additional affidavits of due execution, affidavits of attesting witnesses, doctors' affidavits as to dementia and capacity, and affidavits of handwriting.

Basic applications to the Supreme Court of Western Australia for a grant of Letters of Administration (where the deceased died without a will).

Deeds settling trusts for infant children where two trustees are appointed. These deeds are a common pre-requisite to grants of administration where there are children involved.

Applying to the Supreme Court of Western Australia to endorse or recognise a foreign grant from a commonwealth country. 

Applications to the Supreme Court of Western Australia for approval of a copy of a lost will or for the court to probate a will where it does not comply with formal requirements under the Wills Act 1970 (WA).

Answering requisitions (letters from the Supreme Court of WA requesting further evidence or information) usually by providing responsive affidavits.

Grants of administration that are limited to administration within the jurisdiction, limited to the administration of certain assets, or subject to other conditions or restrictions.

Dealing with all aspects of estate administration, obtaining grants of representation, sale of real and personal property, calling in assets, sales of shares, tax matters, creditor notices, preparation of estate accounts, executor indemnities and releases and paying beneficiary entitlements. Price varies depending on complexity of estate.

Limited Estate Administration tasks as agreed between the law practice and the client.

Acting as a local trustee in Western Australia to manage the administration and trusts for children, foreign representatives, or beneficiaries.

Registering real property in the name of the executor or administrator

Registering real property into the name of the surviving co-proprietor

Preparing financial statements, accounts and receipts as proof of due administration of the estate.

Supreme Court of WA - Application Lodgment fee

WA Government Fees for Survivorship application, transmission application, Power of Attorney Registration Fee (per EPOA), caveat registration, withdrawal of caveat, Transfers of land increase proportionate to the value of consideration.

PEXA online conveyancing channel fee for registering above applications 

Certificate of title search fee from Landgate

State government - death certificate fee

Government Gazette - creditor advertisement cost

West Australian Newspapers - creditor advertisement cost

Cost of engaging a tax accountant to prepare returns. Accounting fees are passed on at cost. Accounting fees vary depending on the extent of returns required and the complexity of business or SMSF returns.