NashClavey Mandurah

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NashClavey Mandurah We also offer Notary Public Services to the Peel Region.

NashClavey-Mandurah provides legal advice in Wills, Enduring Power of Attorney, Enduring Power of Guardianship, Probate & Letters of Adminitration Applications.

15/10/2026

Even Steven...
Soloman was a wise man and had always treated his two sons, Steven and Paul, exactly the same. So, when he wrote his Will, he left his Coolup farm to Steven and the Yarloop farm to Paul.
Even when he sold the Yarloop farm to a local company (and banked a pretty penny), he gave each son half of the sale proceeds.
So, when Solomon died suddenly last year, Paul came to see me because he didn’t get anything under the Will and Steven got the Coolup farm, which was all old Solomon owned by then.
Solomon would have wanted Steven to split his inheritance with his brother, I had no doubt, but this was not going to happen. Why? Well because Steven’s wife said “no” and Steven said, “happy wife, happy life”. What Paul said, I don’t know but I could guess.
When I told Paul he could take his only brother to court and challenge the Will, he said, “money changes people. Even Steven!”.
Is your Will up to date? For that extra peace of mind, call NashClavey-Mandurah 95351577.

Getting Older and Wiser...Liza brought her mum in to see me when old Judy was looking at aged care facilities to move in...
17/09/2026

Getting Older and Wiser...
Liza brought her mum in to see me when old Judy was looking at aged care facilities to move into in the future. “Some said they won’t accept her unless she has an ENDURING POWER OF GUARDIANSHIP and we don’t even know what that means”, said Liza.
So, I sat Judy down and explained to her that since COVID, many nursing homes were insisting that their new residents made an ENDURING POWER OF GUARDIANSHIP before moving in. This was so that everyone there knew who was responsible for Judy’s personal, lifestyle and treatment decisions if Judy could not make those decisions herself.
“What if I don’t want anyone to make decisions for me”, Judy said.
“Well, if you have a stroke or otherwise lose legal capacity, Liza might have to make an application for guardianship through the State Administrative Tribunal and this could take time and be quite stressful for her. Worse still, a complete stranger could be appointed to look after you – and not Liza at all“, I explained.
Judy of course agreed she wanted Liza to be her guardian so Liza could make decisions about her care, medical treatment and the support services she could access.
Getting old isn’t fun but getting caught out really is no fun at all. Understanding your options can help you get your affairs in order and simplify things for your children.
If you would like to know more about enduring powers of attorney and enduring powers of guardianship, Call NashClavey-Mandurah 95351577.

The POWER OF HAVING AN ATTORNEY...Jack was worried about becoming a burden on his children as he got older so he asked m...
17/08/2026

The POWER OF HAVING AN ATTORNEY...
Jack was worried about becoming a burden on his children as he got older so he asked me how he could make it easy for them. In particular, he wanted them to be able to access his accounts so that they didn’t have the burden of paying his expenses themselves.
Fortunately, Jack was able to appoint his 2 trustworthy adult boys to act as his attorneys under an enduring power of attorney. Jack be nimble, Jack be quick, we love that Jack made it that simple.
But Jack’s brother Moe put off appointing his boys as his attorneys and suffered a stroke which meant it was too late to get his enduring power of attorney done. So, Moe’s kids had no option but to make an application to the State Administration Tribunal to get an order for administration of Moe’s estate. This meant that they had to record every cent they spent on their dad and they had to get audited by the Public Trustee.
Don’t be a slow Moe because that could place an extra burden on your children. Do this one for the kids – and for your own peace of mind.
For that extra peace of mind, call NashClavey-Mandurah 95351577.

Murphy’s Law...Poor Mr Murphy lost his eldest son, Dan, in a tragic tractor accident last year and the very next month, ...
17/07/2026

Murphy’s Law...
Poor Mr Murphy lost his eldest son, Dan, in a tragic tractor accident last year and the very next month, he too, popped his clogs.
So, Mr Murphy’s 2 daughters brought me their dad’s post office Will, which simply said he left the farm and his whole estate to his surviving children, i.e. the 2 girls.
“Mmmm”, I thought, this Will says nothing about what happens to Dan’s share.
“We’re going to sell the farm and split the proceeds” the girls happily told me. So it was now I took out my giant-sized legal pin to burst their happy bubbles.
“What’s the problem?” they asked.
“Well”, I ventured, “did you know that Dan’s 3 children can claim against the estate?”
“That’s not fair, they were dad’s wishes”, “those kids got their dad’s life insurance”, “how come Dad’s will counts for nothing?” were some of the objections that made not a jot of difference when Dan’s 3 children claimed their father’s share of the farm.
So, in the end those lovely aunties sold the farm and gave their niblings (yes, the collective noun for nieces and nephews!) the share their dad would have taken were he still alive.
If you want the reassurance of having a professionally drafted legal Will, call NashClavey-Mandurah 95351577.

I DO and I DON’T “I do” are the words we say on one of the happiest days of our lives. But for poor Samantha those words...
23/06/2026

I DO and I DON’T
“I do” are the words we say on one of the happiest days of our lives. But for poor Samantha those words cost her more than a million dollars.
She and John had shacked up and were living happily together on John’s farm when John decided to pop the question. Delighted to become Mrs John, Samantha said “yes” and, after 10 years together, they were wed.
No sooner had Samantha said “I do” than John managed to back flip into the mulcher and was no longer.
Sam was grief-stricken but secure in the knowledge that, some years ago, John had made a Will leaving her the farm.
Samantha’s sense of security was knocked for six when she came to see me. “Sam” I said, “John made his Will BEFORE you got married so effectively your marriage killed that Will.”
“But I’m his wife now so I should be better off than I was before. Not worse off!”
I had to admit that her reasoning made sense but, in the end, Sam had to sell the farm because that was all John owned and, of the $3,000,000.00 she got, had to give $1,147,500.00 to John’s 2 estranged sisters from Perth.
If you’re keen to make sure your wishes are being carried out in your Will, call NashClavey-Mandurah 95351577.

LAMB FOUR QUARTERSRon Lamb had passed away and, while his wishes were clear, his Will was not. Indeed, it was non-existe...
15/05/2026

LAMB FOUR QUARTERS

Ron Lamb had passed away and, while his wishes were clear, his Will was not. Indeed, it was non-existent.

Before me sat his eldest son, Ron Jnr who told me that dad’s farm was to be split up so each child got a block. So clear was the intention that the blocks were called Ron’s, Don’s, John’s and Belinda’s blocks. Belinda’s block was worth $1 million and the boys’ were all worth about $3 million apiece. The boys got the bigger blocks, Don told me, because they worked them and had built houses on them.

“Without a Will”, I told Ron, “none of you are entitled to anything in specie”, meaning, no one was entitled to any specific asset. But, on the bright side, each would get a share of the estate worth $2.5 million. To this Ron said, “no wonder Belinda is doing a happy dance”.

Happy dance was not what the boys were doing. In order to keep their blocks, they each had to pay Belinda $500,000 and, on top of that, stamp duty on that portion of their own blocks.

A case I have since called Lamb Four Quarters remains a salient lesson in getting your ducks in a row. Wills can not only give voice to your wishes, they can really earn their keep by saving on stamp duty.

If you hate paying unnecessary taxes or stamp duty, call NashClavey-Mandurah on 95351577 for advice on your Will.

Its Super, Man!So, James asked me to make his Will say that his superannuation went to his kids, Jim and Sarah (and not ...
23/04/2026

Its Super, Man!

So, James asked me to make his Will say that his superannuation went to his kids, Jim and Sarah (and not his lovely wife, Catherine!).
James seemed surprised when I told him that his super could not be included in his Will unless he did something first.
That something was completing his super fund’s death benefit nomination form so say that his super be paid to his LEGAL PERSONAL REPRESENTATIVE (which, here, just meant Executor).
And because James could not remember whether he had done his super nomination or if he had, who it was going to, he just decided to download a fresh nomination form and tick the box saying that it be paid to his LEGAL PERSONAL REPRESENTATIVE.
I then drafted James’ Will to say that his superannuation went to his children and everything else when to his lovely wife, Catherine.
If you feel confused, like James, when it comes to superannuation, call NashClavey-Mandurah 95351577.

MATTERS OF THE HEART“My financial planner says I need a testamentary trust”, said Barry.So, I asked Barry if he needed t...
17/03/2026

MATTERS OF THE HEART

“My financial planner says I need a testamentary trust”, said Barry.

So, I asked Barry if he needed to PROTECT one of his beneficiary children from either themselves or from someone else. Was there a young child, drug addict, bankrupt or someone going through a divorce?

“None of the above”, he said. His children, Peter, Paul and Mary were all doing well and he loved them all EXCEPT… Mary’s husband was, well… let’s just say, I can’t repeat what Barry said to me then.

What I can say is that Barry did not want Mary to get a cent because, and as he put it, “that bleep will never get his bleeping hands on my bleeping money. Over my bleeping dead body, he will!”

But did we end up putting Mary’s share in a testamentary trust? No, we didn’t. And there were 2 reasons why.

First, Barry hadn’t realised that the testamentary trust would effectively make his boys their sister’s keepers. That’s because, as Mary’s trustees, they would have to manage Mary’s inheritance per Barry’s wishes and against Mary’s wishes. Second, Mary, who loved her husband, had got wind of the financial planner’s plan and had already stopped talking to poor Barry.

More than anything else in the world, Barry wanted his loving daughter back in the fold and he wanted to leave a legacy where she and her brothers all got along.

I was again reminded that trying to rule from the grave can often have the unintended consequence of bumping up against MATTERS OF THE HEART.

If you would like advice on testamentary trusts and more, call NashClavey-Mandurah on 95351577.

SPOTS ARE FILLING FAST! Call 9535 1577 to register.****************************Come and join us for a FREE event that wi...
29/08/2024

SPOTS ARE FILLING FAST!
Call 9535 1577 to register.
****************************
Come and join us for a FREE event that will be of value to you!
Places are strictly limited so don't delay.
Morning tea provided.
We look forward to meeting you! 😊

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44 Vivaldi Drive
Mandurah, WA
6210

Opening Hours

Monday 8:30am - 4:30pm
Tuesday 8:30am - 4:30pm
Wednesday 8:30am - 4:30pm
Thursday 8:30am - 4:30pm
Friday 8:30am - 4:30pm

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