Wills & Estates

Wills & Powers of Attorney

Properly planning for the future and looking out for the best interests of you and your family does not have to be a long and complex process. Our expert legal team offers an expert estate planning and administration service, including the preparation of Wills and Powers of Attorney and because we already have many of your details, this process can be quick and painless.

Planning for your family's future should always include ensuring that you have a valid Will and Power of Attorney.

If however you do not already have a Will and Power of Attorney, steps should be taken to get them as soon as possible.

What does an effective Will ensure?

Assets pass quickly to the intended recipients.
Legal obstacles to asset distribution are minimised.
Your estate is administered by a person approved by you
Your wishes for the guardianship of children are taken into account
Arrangements for the proper care of pets and animals can be made

What are the disadvantages of dying without a Will?

Your loved ones may be deprived of the benefit of your assets
Your Estate maybe administered by someone you disapprove of or by the Public Trustee
Expensive legal steps may be needed to complete estate administration
Your children will receive property/assets when they turn 18 and not at some preferred later time
There will be significant delay in distributing funds to beneficiaries
Bequests to any favoured charities are prevented.

It is therefore very important that you plan ahead and prepare a valid Will.

What is an Enduring Power of Attorney (PoA)?

A Power of Attorney is a document that records giving another person power to make personal/health and/or financial decisions on your behalf.

An Enduring Power of Attorney continues to operate even when you lose capacity to make decisions (ie it ‘endures' the legal incapacity) and:

can come into effect immediately or on the date or the happening of a specified event
may be in favour of one person or several. If to several persons, you can specify that you require them to make decisions unanimously or by majority or that either one can make a decision independently.

The grant of a PoA does not prevent you from continuing to make decisions while you are able to do so. The person empowered (the "Attorney" or "grantee") is legally bound to act in your best interest.

What are the advantages of having an Attorney?

Knowing that you have a properly appointed Attorney can give you peace of mind when you:

go interstate or overseas for an extended period of time;
suffer poor physical and/or mental health; or
reach an age when you anticipate you will need greater assistance.

In the absence of an Enduring PoA, the Publuc Trustee may manage your affairs should your mental health decline. A PoA can only be entered into while you enjoy sound mental health.

Having in place a valid Will and Power of Attorney is an essential part of planning for your future. Call us on 1300 30 20 14 or submit an email enquiry so that your affairs can be put in order as soon as possible.

Estate Administration

After the passing of your loved one, it is important to have the estate administered efficiently and correctly.

Exactly what is required will depend on the nature of the estate. Smaller estates can be administered without the need of any court process. Jointly owned assets can be passed to the surviving joint owner in a similar simple manner. If the estate is extensive in terms of the different types of assets it comprises or is large in value, it will be necessary to apply to the court for Probate

Call us on 1300 30 20 14 or submit an email enquiry so that the affairs of the estate can be put in order as soon as possible.

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