Your spouse does not receive everything…

We met with several clients last week who thought that if they passed away, everything would be given to their husband/wife.

Not true.

Our client owns the family home. Bought it before he married, and the home is in his name. Married and the couple have made his home their home.

He does not have a Will. If he passes away, the wife would be entitled to:

– personal effects in the home (furniture, electricals etc);

– $75,000 of his estate, this could be cash, superannuation, etc; and

– One half of the rest of his estate. The other half will be given to his parents and siblings. This means the wife may only own half the home.

If they both have young children, the situation is worse. If he passes away, the wife would be entitled to:

– Personal effects in the home (furniture, electricals etc);

– $50,000 of his estate, this could be cash, superannuation etc; and

– One third of the rest of his estate. The other 2/3rds would be given to their children and as they are minor, could be held by the public trustee

She could lose their home in both scenarios.

The client realised this and said… ok, let’s sign the Will!

Is this you too?

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Meet The Team

Bernadette Duell

Principal Lawyer

Bernadette Duell

Principal Lawyer
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Paul Terry

Business Manager

Paul Terry

Business Manager
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Brayden Thompson

Administration Officer

Brayden Thompson

Administration Officer
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Rachael Cole

Paralegal

Rachael Cole

Paralegal

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The Law Has Changed

An update has occurred to Western Australian Law changing what happens if someone dies without a will.

These changes came into effect after March 30th 2022.

Learn about these changes by clicking the button below.