Choose who makes decisions for you before someone else does
Enduring Power of Attorney & Guardianship
An Enduring Power of Attorney (EPA) and an Enduring Power of Guardianship (EPG):
Are two of the most important legal documents you can have yet most people don't have them. These documents protect you by letting you choose who makes decisions on your behalf if you ever lose the ability to make them yourself.
Protect Yourself Today
Enduring Power of Attorney
from $220 incl. GST
Seniors card and pensioner card holders receive a discount.
Enduring Power of Guardianship
from $220 incl. GST
Seniors card and pensioner card holders receive a discount.
Will+EPA+EPG Package
Quoted at consultation
Seniors card and pensioner card holders receive a discount.
EPA + EPG Package
from $440 incl. GST
Seniors card and pensioner card holders receive a discount.
What Is an Enduring Power of Attorney (EPA)?
An Enduring Power of Attorney is a legal document that allows you to appoint a trusted person (called your 'attorney') to manage your financial and property affairs if you become unable to do so yourself, whether through illness, injury, dementia, or age.
Your attorney can:
Pay your bills and manage your bank accounts
Operate your business
Buy, sell, or manage property on your behalf
Make investment decisions
Access your superannuation (in limited circumstances)
Lodge tax returns and deal with government agencies
Why is an EPA important?
Without an EPA, if you lose mental capacity, your family must apply to the State Administrative Tribunal (SAT) to have an administrator appointed. This process is stressful, time-consuming, and expensive and the person appointed may be a stranger.
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When Should You Update Your Will?
Your will should be reviewed whenever your life circumstances change. Common triggers include:
Marriage, separation, or divorce (marriage automatically revokes an existing will in WA)
Birth or adoption of a child or grandchild
Buying or selling property
Starting, selling, or closing a business
Death of an executor or beneficiary
Receiving an inheritance or significant change in financial position
Entering or leaving a de facto relationship
Retirement
If your current will is more than three years old, we recommend a review. Will reviews at Belmont Legal take less than an hour.
Frequently Asked Questions
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A simple will at Belmont Legal starts from $800 including GST. Couples wills (two individually tailored wills) start from $1,400. Complex wills involving testamentary trusts, blended families, or business structures are quoted at your free consultation. All fees are fixed, no hourly charges or hidden costs.
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A handwritten (holographic) will can be valid in WA if it meets specific legal requirements, but it carries significant risk. Ambiguous wording, missing formalities, and incomplete instructions are the leading causes of contested estates. A professionally drafted will provides certainty that your wishes will be legally enforceable.
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Yes. In Western Australia, getting married automatically revokes any existing will unless it was made specifically in contemplation of that marriage. If you're getting married or recently married, you should make a new will as soon as possible.
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No. Your superannuation is not automatically covered by your will. Your super fund has its own rules about who receives your death benefit. You need to lodge a Binding Death Benefit Nomination (BDBN) with your super fund to ensure your super goes where you want. We cover this as part of our estate planning service.
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Yes. You can and should make provisions for digital assets including bank accounts, investment platforms, cryptocurrency, social media accounts, online businesses, and cloud storage. We recommend maintaining a secure list of accounts and access details (stored separately from the will itself) and including instructions for your executor in your will.
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An executor is the person responsible for managing your estate after you die applying for probate, paying debts, and distributing assets. A guardian is the person you nominate to care for your children under 18 if both parents pass away. These can be the same person or different people. You can also separate the financial management of your children's inheritance from their day-to-day care.
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In Western Australia, certain people can make a family provision claim if they believe they weren't adequately provided for. This includes your spouse or de facto partner, children (including adult children), former spouses, and dependants. The best protection against a contested will is a professionally drafted document with clear reasoning, kept up to date as your circumstances change.
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Your will should be stored securely where your executor can access it when needed. Options include: with your lawyer (Belmont Legal stores clients' original wills at no charge), at the WA Supreme Court, or in a secure location at home with your executor informed. Avoid safety deposit boxes (your executor may not have access) and never rely solely on a digital copy digital wills are not valid in WA.
Free 45 Minute Initial Consultation
We sit down together in person at our Cloverdale office or via video call to understand your situation, family structure, and wishes. No obligation, no pressure.