We Provide Extensive Services In:
- Making Wills, an Enduring Power of Attorney and Appointment of Enduring Guardian;
- Probate and Administration for Deceased Estates;
- Contested Wills and Estate Litigation;
- Challenging a Will;
A Will is a legal document that sets out how you want the things you own to be distributed when you die. Wills are not just for people who own property or who have lots of money. Making a Will is a positive step you can take to provide for the people you care about, leave particular items to certain people, appoint a person you trust to carry out the instructions in your Will (your Executor), leave any other instructions you may have (for example your funeral arrangements) and make a gift to charity if you wish.
Making a Will removes the doubts and difficulties that can arise when there is no evidence of a deceased person’s wishes.
If you do not have a Will, you do not have a say about how your Estate is distributed. If you die without a Will (known as dying “intestate”), your Estate will be distributed to your relatives according to the legal formula (called the “intestacy rule”). This can be very different from what you wanted or intended to happen. It can also cause complications, delays and extra costs.
A Will takes affect after you have died.
In making a Will you need to consider:
Whether your superannuation will form part of your estate on your death;
When you should review your Will; and
The formal requirements involved in making a valid Will.
We have an Accredited Specialist with our firm who is able to assist and guide you and provide advice in each of these areas.
A Will only takes affect after you have died. If you want someone to look after or make decisions about your finances whilst you are still alive and in particular looking towards the future in the event that you are incapacitated, you will need to make an Enduring Power of Attorney and an Appointment of Enduring Guardian.
An Enduring Power of Attorney is as important for your life planning as making a Will. Appointing an attorney gives a person your legal authority to look after your financial affairs on your behalf. This can occur in a variety of circumstances.
A person must appointment their Enduring Power of Attorney before they lose capacity. An Enduring Power of Attorney cannot make lifestyle, accommodation or medical decisions and is limited acting on matters relating to finances or property.
An Enduring Guardian is a person you appoint to make health, lifestyle and medical decisions for you when you are not capable of doing this for yourself. An Advance Care Directive sets out your directions, wishes and values that need to be considered before making medical decisions on your behalf.
For more information about Enduring Powers of Attorney or Appointments of Enduring Guardian please contact us.
When someone dies leaving property in NSW an application must usually be made to the Supreme Court of New South Wales for a Grant of Probate or Letters of Administration. We assist clients in all aspects of Letters of Administration including: