Business, blended family, or significant assets? You need more than a standard will.
Complex Wills Perth — Tailored Protection for Businesses, Blended Families & Significant Estates
A standard will is not enough when your life involves a business, children from different relationships, assets in multiple states, a self-managed super fund, or a beneficiary who needs special protection. Clairs Keeley Lawyers drafts complex wills that address every layer of your situation — so nothing is left to chance and your family is protected from disputes, unnecessary tax, and unintended consequences.
Get Expert Advice on Your Complex Will
Book a Free Discovery Call to discuss your circumstances and recieve a tailored fixed-fee quote.
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Clairs Keeley Complex Wills
Specialising in wills, our lawyers can provide you with professionally tailored advice.
What Is a Complex Will?
A complex will is a professionally drafted legal document that goes beyond the standard provisions of a simple will to address more complicated personal, financial, or family circumstances.
Where a simple will typically appoints an executor, distributes assets to a spouse and children, and names a guardian — a complex will builds on those foundations with additional legal structures, conditions, and protections tailored to your specific situation.
A complex will may include provisions such as:
- Business succession clauses that determine what happens to your company, partnership, or trust structure
- Life interest arrangements that allow one person to benefit from an asset during their lifetime before it passes to someone else
- Testamentary trusts that protect assets for vulnerable beneficiaries or provide tax advantages for your family
- Conditions or staged distributions — for example, a beneficiary receiving their inheritance in instalments or only upon reaching a certain age
- Provisions addressing assets held across multiple Australian states or overseas jurisdictions
- Clauses specifically designed to reduce the risk of a successful challenge under the Family Provision Act 1972 (WA)
A complex will is not about the size of your estate — it is about the complexity of your circumstances. A person with modest assets but a blended family and a small business may need a more complex will than someone with a large but straightforward estate.
Do You Need a Complex Will?
- You Own or Part-Own a Business: Your will must address what happens to the business upon your death.
- You Have a Blended Family: A complex will balances competing interests between children and partners from previous or current relationships.
- You Hold Assets in Multiple States or Countries: Specific provisions are needed to manage property or investments across different jurisdictions.
- You Have a Self-Managed Super Fund (SMSF): Estate planning for SMSFs includes binding death benefit nominations and pension interests.
- You Have a Beneficiary With Special Needs: A protective trust ensures a special needs beneficiary’s inheritance doesn’t affect their entitlements.
- You Want to Protect a Beneficiary’s Inheritance: A testamentary trust offers asset protection for beneficiaries at risk of claims.
- Your Estate Is High Value or Includes Diverse Assets: Special treatment may be needed for complex assets like investment properties or intellectual property.
- There Is a Risk Your Will May Be Challenged: A complex will helps reduce the risk of a successful challenge under the Family Provision Act 1972 (WA).
- You Have Existing Trust Structures: Your will must address what happens to any family or discretionary trust roles and interests after your death.
Not sure? If you’re uncertain whether you need a simple or complex will, our free discovery call will help you work it out in 15 minutes.
Business Succession - What Happens to Your Business When You Die?
For business owners, your will is not just a personal document — it is a critical piece of your business continuity plan. Without the right provisions, your death could force the closure or fire-sale of a business you spent years building.
Sole Trader
If you operate as a sole trader, your business is not a separate legal entity — it dies with you. Your will should include clear instructions about whether the business should be continued (and by whom), wound down, or sold.
Partnership
Your partnership agreement may include provisions about what happens when a partner dies. Your will needs to work alongside that agreement — not contradict it.
Company (Pty Ltd)
Your shares in a company form part of your estate and can be distributed under your will. However, the company’s constitution or shareholders’ agreement may include pre-emptive rights, restrictions on share transfers, or buy-sell provisions that override what your will says.
Trust Structures (Family Trust / Discretionary Trust)
If you are the appointor or trustee of a family trust, these roles do not automatically form part of your estate. Your will should include provisions for the succession of these roles.
Self-Managed Super Fund (SMSF)
If your SMSF has two members and one dies, the surviving member may face challenges meeting the single-member requirements. Your will and SMSF trust deed need to work together.
The bottom line:
Your business structure, your will, your partnership or shareholders’ agreements, your trust deeds, and your super arrangements all need to be aligned. A complex will drafted without considering these other documents can create as many problems as it solves.
Blended Families — Balancing Competing Interests
Blended families are one of the most common reasons people need a complex will — and one of the most common sources of will disputes in Western Australia.
Common Blended Family Scenarios We Help With
- “I want my partner to be looked after, but I also want my children from my first marriage to eventually inherit.”
- “My partner has their own children — I don’t want my assets ending up with them instead of my kids.”
- “My kids from my first marriage don’t get along with my new partner.”
- “I’ve been contributing to my partner’s property but my name isn’t on the title.”
Testamentary Trusts
A testamentary trust is a trust established by a will that comes into effect after the testator’s death. It allows for the distribution of assets according to specific instructions, offering greater control over how and when beneficiaries receive their inheritance.
Testamentary trusts are commonly used to protect assets, manage inheritance for minors, and reduce tax obligations.
Clients trust Clairs Keeley for expert guidance in setting up these trusts, ensuring that your wishes are upheld and your loved ones are financially secure.
What sets our firm apart in advising on Testamentary Trusts:
- Clear explanation of how testamentary trusts work, without legal jargon
- Tailored trust structures that align with your family’s needs and your financial goals
- Strategies for asset protection from creditors or claims
- Comprehensive tax planning to minimise tax obligations for beneficiaries
- Transparent guidance throughout the creation and administration of the trust
- Client-focused, compassionate service when creating structures to protect vulnerable or minor beneficiaries
Most importantly, we focus on creating certainty and protecting your loved ones through structured, well-managed testamentary trusts that help safeguard their financial wellbeing.
Complex Circumstances Don't Have to Mean a Complex Process
Protecting Vulnerable Beneficiaries Through Your Will
Not every beneficiary is in a position to manage a direct inheritance responsibly — or without consequences. A complex will can include protective structures that ensure your beneficiary benefits from their inheritance without putting it (or their government entitlements) at risk.
Beneficiaries With a Disability or Mental Health Condition
If your child or dependant receives Centrelink, NDIS, or disability support payments, a direct inheritance could push them over the assets threshold and cause them to lose their entitlements.
Beneficiaries With Addiction Issues
If a beneficiary has a substance abuse or gambling problem, leaving them a lump sum inheritance can do more harm than good. A testamentary trust can provide controlled distributions.
Beneficiaries Who Are At Risk From Creditors
If a beneficiary is bankrupt, facing legal action, or in financial difficulty, an inheritance paid directly to them could be seized by creditors. Assets held within a testamentary trust are generally better protected from a beneficiary’s personal creditors.
Beneficiaries in Unstable Relationships
If you are concerned that a beneficiary’s spouse or partner may claim a share of their inheritance in a future divorce or separation, a testamentary trust offers a degree of asset protection.
Young Beneficiaries
If your beneficiary is a young adult (or will be when you die), you may not want them to receive a large inheritance outright at age 18. A complex will can include staged distributions.
Dealing With Assets in Multiple States or Countries
If you own property, investments, or business interests in other Australian states or overseas, your WA will may not automatically cover those assets.
Interstate Assets (Other Australian States and Territories)
Real property in another state is generally governed by the law of that state for succession purposes.
Overseas Assets
Some countries do not recognise Australian wills, or require a will made in that country to deal with local assets.
How Getting a Complex Will Work — Our Process
Step 1 - Free Discovery Call
A quick call to understand your situation, explain will options, and provide a fixed-fee quote. No obligation.
Step 2 - Detailed Consultation
We meet to discuss your assets, family, and concerns, asking key questions you may not have thought of.
Step 3 - Drafting and Review
We draft your will, explain every clause in plain English, and make any necessary changes before the final version.
Step 4 - Signing Appointment
We arrange a signing appointment with proper witnessing to ensure your will is legally valid.
Why Clairs Keeley for Your Complex Will?
- We handle estates from both ends.
- Over 16 years of experience drafting wills for Perth families.
- Fixed-fee pricing.
- We review the full picture.
- Plain-English explanations.
- Dispute-aware drafting.
- Compassionate, practical service.
- East Perth location.
Emily Dalwood
A sincere thank you to Randika and team, who recently helped my husband and I prepare our Wills. As parents… Read more “Emily Dalwood”
Julie Britten
Our Thanks to Randika for help with estate planning . Excellent service
Linda Lombardi
Thank you Randika and Clairs Keeley for your help and advice with our estate planning. Randika was understanding of our… Read more “Linda Lombardi”
Andrew Boulton
During the rather stressful period following our father’s passing earlier this year, Randika helped us quickly obtain probate and was… Read more “Andrew Boulton”
S Samuelraj
After our first conversation with our lawyer Randika in relation to a complex estate matter had my wife and I… Read more “S Samuelraj”
Mark Kaminski
First rate service , second time using them for Wills, and Guardianship etc for parents & myself, could not ask… Read more “Mark Kaminski”
Graham Billson
I was tasked with settling my mother’s 20 year old estate, which was by no means either a straight forward… Read more “Graham Billson”
FAQ for Our Perth Will Lawyer Team
Can you draft your will to reduce the risk of a challenge?
You can avoid vulnerabilities and our team of lawyers can guide you, however there is no way to guarantee no challenge of the will.
Strategies We Use in Complex Wills
- Documenting your testamentary capacity
- Explaining your reasoning
- Acknowledging potential claimants
- Independent legal advice
- Proper execution and witnessing
- Avoiding common red flags
Why do I need a will if my estate is small?
Even if your estate is modest, a will ensures your assets are distributed according to your wishes. Without a will, your estate will be distributed according to the laws of intestacy, which may not align with your preferences.
Who should I appoint as the executor of my simple will?
The executor of your will is responsible for managing your estate after your death. This person should be someone you trust, such as a close family member, friend, or professional adviser, and must be capable of managing legal and financial responsibilities.
Can I make changes to my will after it’s been signed?
Yes. If your circumstances change, such as getting married, having children, or acquiring new assets, it’s important to update your will. You can add a codicil (an amendment) or create a new will to reflect your updated wishes.
What happens if I die without a will?
If you pass away intestate (without a will), your estate will be distributed according to Australian law. This may not reflect your wishes, and it could result in unnecessary delays and complications for your family.
Can a simple will include guardianship provisions for my children?
Yes, a simple will can include provisions for the guardianship of your minor children. You can nominate a trusted person to care for your children if something happens to you.
What assets can be included in a simple will?
A simple will can cover a variety of assets, including:
- Bank accounts and savings
- Real estate (property)
- Personal possessions (jewellery, vehicles, etc.)
- Life insurance policies
- Shares and investments
If you have more complex assets, such as a business or overseas property, a more detailed will or estate plan may be required.
Do I need a lawyer to create a simple will?
While DIY will kits are available, it’s advisable to consult a lawyer when creating your will to ensure it’s legally valid and correctly reflects your intentions. A lawyer can help you avoid common mistakes that could lead to complications after your death.
How long does it take to create a simple will?
Creating a simple will typically takes only a few days. The process involves discussing your wishes with a lawyer, drafting the document, and reviewing it to ensure all details are correct before signing.
Clairs Keeley Wills and Estate Planning Services
Here are some more of the ways we can help you with Wills & Estate Planning.
Our Expert Wills and Estate Lawyers
Randika Rajkumar
Randika Rajkumar has been a solicitor at Clairs Keeley Lawyers since 2023, practising in Wills, Estate Planning and Deceased Estates.
He holds a Bachelor of Laws from Murdoch University and is completing a Master of Applied Law specialising in Estate Planning and Business Law.
Randika advises clients on probate, Letters of Administration, trusts and business succession planning, with experience across both estate and commercial matters. As a trained collaborative lawyer, he focuses on achieving practical, legally sound outcomes while supporting families through complex and sensitive estate issues.
Relevant Practice Areas:
Deceased estates • Probate & Letters of Administration • Wills & estate planning • Trusts & business succession
Candice Jonker
Candice Jonker is a Senior Associate practising in Wills, Estate Planning and Deceased Estates.
Admitted in 2019, she holds a Bachelor of Laws and Bachelor of Business from Murdoch University and a Master of Laws specialising in Wills & Estates Planning and Estate Administration.
Candice advises executors and families on probate, Letters of Administration, testamentary trusts and complex estate matters, including business and trust structures. Her collaborative training supports practical, strategic resolution of estate matters while preserving family relationships.
Relevant Practice Areas:
Deceased estates • Probate & Letters of Administration • Wills & estate planning • Trusts & Business succession
Your Situation Is Unique — Your Will Should Be Too
A 15-minute phone call is all it takes to get clarity on what your complex will needs to cover and what it will cost. Our free discovery call is obligation-free and confidential.