Legal Services

Estates & Will Lawyers Perth & Western Australia

Losing a loved one is always difficult and having to deal with issues arising from their Will or Estate can make the experience even more difficult. Our experienced lawyers can assist in all matters arising out of a loved one’s death.

Summers Legal law firm specialises in Wills and Estates and has been assisting clients with a wide range of matters, whether simple or complicated, big or small, for over 30 years. Our legal services include (but are not limited to):

Wills & Estate Planning

Our Wills and estate planning lawyers have specialist legal expertise in estate law. Our experienced legal team provides professional advice and insight to ensure an effective Wills and Estate plan is tailored to meet your individual circumstances, needs, and wishes.

We focus on providing practical, tax-effective, and flexible solutions for your personal, family, and business interests in a professional manner.

A well-drafted and effective plan is important for a range of reasons, including:

  • Minimising claims against your estate
  • Minimising disputes among beneficiaries
  • Protecting assets from claims and/or creditors
  • Ensuring your estate is properly distributed to those you want to benefit
  • Minimising tax payable by your estate and/or its beneficiaries
  • Ensuring proper succession and/or distribution of assets outside your personal estate (such as businesses, family trusts, jointly owned property or superannuation)
  • Ensuring the process is as stress-free and simple as possible for your loved ones and beneficiaries


Superannuation is essential to consider in your estate planning.

Superannuation does not automatically form a part of your estate upon your death. While this may seem surprising, superannuation funds (both Self-Managed Superannuation Funds and public super funds) are held in a trust structure and governed by complex legislation.

When you die, superannuation that is paid out is called a death benefit, which may or may not have life insurance included. Your super fund must be directed as to what to do with your superannuation in the instance of your death. This is called a death benefit nomination.

Our estate planning lawyers will talk to you about your superannuation and ensure that it is included in your plan.

Business Succession Planning

Our business succession planning lawyers work with families to create a smooth transition of business ownership. Passing your business to your children or another family member is not as straightforward as you might think. Differing priorities amongst family members and tax liabilities can negatively impact a business’s success when ownership is transferred.

It is essential to gain legal advice that will protect both your family and your business, thereby preserving it for future generations. A careful business succession plan will minimise tax liabilities and other costs associated with business ownership transfers.

Asset Protection

We provide legal strategies to protect your assets, including establishing trusts and other asset protection structures. If you have accumulated a large number of assets it is essential to gain professional advice in order to ensure your assets are protected in the event of a lawsuit.

Our asset protection lawyers have a thorough understanding of how to make the most out of state and federal tax laws to protect your assets and minimise your estate taxation.

Enduring Power of Attorney & Guardianship

Our lawyers provide assistance and legal advice for applications in securing an Enduring Power of Attorney (EPA) or Enduring Power of Guardianship (EPG).

We will help navigate the specific rules around the preparation and signing of EPAs and EPGs and ensure your best interests are always considered.

Contested Wills & Estate Disputes

There are various disputes that can arise in relation to a loved one’s Will and Estate, including (but not limited to):

  • Claims by an eligible party seeking adequate (further) provision under a Will pursuant to the Family Provision Act 1972 (WA)
  • Challenging the validity of a Will (for example, issues with the testator’s capacity and/or knowledge and approval of the terms of the Will, failure of a Will to comply with formal requirements or undue influence/duress against the testator)
  • Determining the correct interpretation of a Will (often where a Will has been poorly drafted)
  • Proving an informal Will
  • Claims against a non-performing executor/administrator
  • Other claims by and against a deceased estate and executors/administrators

Summers Legal specialises in Wills and Estates disputes and litigation and can assist in legal matters of all types arising in this area. This is a growing and complex area of law and it is important to engage experienced and specialised Estates and Will Disputes Lawyers when dealing with these issues.

Our experienced lawyers approach matters in a pragmatic way whilst possessing substantial legal expertise and technical proficiency. This ensures your chances of obtaining the best possible outcome are maximised.

Strong advocacy is also provided in any mediations, informal conferences, meetings, or legal representation in Court proceedings that may be required.

Despite the many complexities that can arise in contested Wills & Estates disputes, our experienced team provides clear and concise advice to clients on all relevant matters, including costs. We offer a personal, tailored approach, appreciating that contested Wills and Estates disputes are often emotional and highly sensitive.

Estate Administration

Being appointed an executor/administrator of a deceased estate can be a stressful and difficult time. As executor/administrator you have strict fiduciary duties to the beneficiaries of the estate, together with being required to discharge your duties according to law.

This is often no easy task given the strict obligations imposed by law combined with issues that may arise during the administration of an estate. Such issues can arise for many reasons, including the complex nature of the estate or the conduct of beneficiaries (or other relevant parties).

Summers Legal has extensive experience assisting executors and administrators in administering deceased estates, whether simple or complex, big or small.

Grants of Probate & Letters of Administration

Our experienced probate and estate lawyers are here to assist you in what is a difficult period and to navigate the various complex processes you may be required to undertake as an administrator of a deceased estate.

Our wills probate services include assisting with applications for Grants of Probate or Letters of Administration. Our probate and estate lawyers can assist you in administering the deceased estate in a cost-effective manner.

Speak to Our Leading Wills & Estate Lawyers Perth

Our Perth lawyers are here to provide sound advice on all matters relating to Wills and Estates from inheritance issues and deceased estate claims, to drafting a living will, to assisting administrators of the estate.

McLane Edinger leads the Summers Legal contested Wills and Estates disputes team and has significant expertise in this area.

McLane has acted for clients in all capacities in deceased estate matters (including multi-jurisdictional estates) as well as applicants, beneficiaries, executors, and administrators in both the Supreme Court of Western Australia and the Court of Appeal.

For all Wills and Estates enquiries please contact (08) 9420 8222 to speak to our Wills and Estate lawyers.

Have a Question About Wills & Estates?

What Happens If I Don't Have a Will?

In the instance that you do not have a Will, the law of Intestacy will apply, and the Administration Act will determine how your assets are distributed.
We recommend seeking professional legal advice from a Wills and Estate Lawyer in regard to creating a valid Will and Estate plan. It is an absolute necessity to ensure your assets are distributed as you wanted.

Why is a Wills & Estate Plan Important?

A well-drafted and effective plan is important for a range of reasons, including:

  • Minimising claims against your estate
  • Minimising disputes among beneficiaries
  • Protecting assets from claims and/or creditors
  • Ensuring your estate is properly distributed to those you want to benefit
  • Minimising tax payable by your estate and/or its beneficiaries
  • Ensuring proper succession and/or distribution of assets outside your personal estate (such as businesses, trusts, jointly owned property, or superannuation)
  • Ensuring the whole process is as stress-free and simple as possible for your family members and loved ones and beneficiaries.

What is Included in a Wills & Estate Plan?

An effective Wills and Estate plan can include various different estate planning documents and elements, normally including a combination of the following:

  • A properly drafted simple or complex Will
  • Testamentary Trusts
  • Other Protective Trusts
  • Enduring Powers of Attorney
  • Enduring Powers of Guardianship
  • Advanced Health Directives
  • Letter of Intent/Wishes

Our lawyers will ensure you have all the relevant documents in place so that everything goes according to your wishes for your own will.

Words from our Clients

  • Expert commercial lawyers who we have been using for nearly 3 decades. Highly recommend them for expertise in all commercial and property matters.

    Cocos Restaurant
  • First-class Legal Service from Paul Summers. Highly qualified and experienced in Law relating to my business. I was well equipped with knowledge from my consultation. This Law firm is one you can trust on every level. I will recommend and use it again
    Ilòna Jeffs

    Ilòna Jeffs
  • If only all people were so helpful the world would be a better place. Excellent is the word to describe their work.

    Miriam Mondaca
  • Paul Summers and his team are the best legal team I know in Perth. The very best commercial outcome.

    Kamran Gaeini
  • I have personally used Paul Summers and Summerslegal to act on behalf of a number of companies that I have been involved with both in the private and public sectors over the last 20 years. His advice and the advice of his firm has always been excellent and I can highly recommend his services and often do!

    Todd Zani
  • After a lengthy and drawn out business purchase, I’m so glad to have come across Paul Summers. Despite never having met (located interstate but needing a WA based solicitor) Paul treated us like long time clients and looked after us right throughout. We are so grateful – thank you!

    Erin de Angelis
  • Absolutely blown away by Paul Summers. Despite being new to property development and not knowing a lot about Shareholders/Joint venture Agreements etc he took me seriously and invested his time to help and guide me in the right direction. Other lawyers, I called just put me in the too hard basket. Definitely recommend his service.

    Benjamin Herzog
  • A professional, timely and well-executed job with my legal matter. Thanks, Paul!


Please contact the Team at Summers Legal today.