Skip to main content

Lifecare Law

Compassionate Lifecare Law services guiding families through wills, estates, and planning with clarity care, and trusted real legal expertise.

Protecting What Matters Most

Whether you are planning ahead or navigating the challenges of a loved one passing away - especially without a will - Lifecare Law from MA Legal Group offers clear, supportive advice every step of the way.

  • Wills
  • Enduring Powers of Attorney and Guardianship
  • Inheritance Claims
  • Probate
  • Estate Administration
  • Advance Health Directives
  • Deeds of Family Arrangement
  • Life Tenancies
  • Passing Away Without Leaving a Will
  • Testamentary Trusts
  • Crypto Estate Assets

These are all issues which at some point will affect you or people close to you.

Should you have a query regarding a Lifecare Law issue please contact our Lifecare Law Team.

For more information, please see our Lifecare Law FAQ below.

Areas of Law

All Areas of Law
  • FAQ

Frequently
Asked Questions

Why do I need a Will?
You will have control over what happens to your assets and can protect your loved ones by ensuring they are provided for. It will also minimise the likelihood of arguments between your family members and any legal challenges.
If I don’t have a Will, won’t everything just go to my family anyway?
Not necessarily. If you do not have a Will, your estate will be divided strictly according to the intestacy rules under the Administration Act 1903 (WA). If you make a Will, you can decide who gets your money, property and possessions.
I don’t have anything to leave to anybody. Why do I need a Will?
Even if you don’t think you have anything, you may have personal items such as jewellery or photographs that you wish to give to people who are important to you.
What if I don’t have any family to leave my estate to?
You can decide where your estate goes. You may wish to leave it to friends or charities.
What if I don’t have anyone who could be my executor?
It is better if you can have someone you know as your executor, but if you do not believe you know anyone who you trust, you can appoint a solicitor or accountant if you prefer.
What if I have children who are under 18?
You can decide at what age you wish your children to inherit your estate and specify any personal effects which you wish your children to have. You can also legally name the person who you wish to raise your children until they are 18.
My partner and I aren’t married – will he/she inherit my estate if I don’t have a Will?
Not necessarily. It depends on several factors such as how long you have been together, whether you live together, whether you have children with your partner or from a previous relationship, whether you or your partner are still married to another person.
All my assets are owned jointly. Do I still need a Will?
It is still best to have a Will in case you acquire assets in your sole name later on.
Will my stepchildren get the same as my children if I don’t have a Will?
No, stepchildren do not have an automatic right to inherit unless you have adopted them or have provided for them specifically in your Will. If you have a Will but have not made any provision for your stepchildren, they may be able to challenge the Will.
Can I leave instructions for my pets in my Will?
Yes.
Can I leave my superannuation in my Will?

No, your superannuation (and any linked life insurance) does not form part of your estate. The Trustee of the superannuation fund will decide where your superannuation goes. It is usually given to your dependants, but you should make a binding death benefit nomination with the superannuation fund to ensure your wishes are followed. This is particularly important if you have children from a previous relationship or stepchildren who you wish to provide for.

If you have a self-managed superannuation fund, this will be dealt with in the fund’s Trust Deed and by binding death benefit nominations.

How do I deal with digital currency?
You can keep a record of your digital currency which can be referred to in your Will and which you should keep updated.
Can I leave my estate to a charity?
Yes, you can leave it to one charity, a selection of charities or split it between your family/friends and charities.
Can I leave instructions for my burial or cremation?
Yes.
Can I make plans in my Will for things I am going to inherit but don’t have yet?
No. You cannot leave things which do not belong to you, even if you expect to own them at a later date.
I have a Will but have got married / divorced since it was made. Is it still valid?
Not unless you made the Will in contemplation of your marriage / divorce and the Will states this.
Is Probate always needed when somebody dies?
Not always.
Can’t I just get Probate myself?
You can but it can be a complicated process.
What if I have assets in other countries?
It is best to have a separate Will for each country as each country has unique inheritance laws and processes for obtaining Probate.
I have joint accounts with my partner – will I still be able to access them if my partner dies and I do not have a Will?
Your bank should not freeze your accounts, and you should be able to access them, but you will need to compete the bank’s paperwork to remove the name of the person who has passed away.
Why would I need an EPA?
An EPA is used so that a person you have nominated can give instructions in relation to your financial affairs, if you are no longer competent to do so.
I have joint accounts with my partner – will we still be able to access them if my partner is no longer mentally competent?
You should still be able to access your accounts, but you will need to send your bank a copy of your EPA and talk to them to ensure that the person who is no longer competent cannot access them.
Why would I need an EPG?
An EPG is used so that a person you have nominated can give instructions in relation to your medical treatment, if you are unable to do so.

Speak With MA Legal Group
Clear Advice and Practical Legal Support

Book a Consultation