A will is a legal document which outlines who will receive your property and possessions when you pass away.
When you have a valid Will, you can have the assurance that you are giving yourself the best chance that your assets will go where you want them to. You should always make a will if you have a family and if other people are dependent on you.
What is a Power of Attorney?
Another important document to consider when preparing a Will is a Power of Attorney. This allows you to appoint someone or several people to work together to look after your financial and personal affairs if you lose the ability to do so yourself. It is important you appoint someone you trust.
If you do lose the ability to make decisions for yourself and you don’t have a Power of Attorney, the Guardianship and Administration Tribunal may appoint someone to act on your behalf. This can be a lengthy process and difficult on the family in an already difficult time.
Therefore, it is important that you prepare a Power of Attorney to ensure your financial and personal affairs can be taken care of when you lack the ability yourself.
What is an Enduring Guardian?
An Enduring Guardian is an often neglected document, many people simply prepare a Will for after death and a Power of Attorney for your financial assets while alive. But an Enduring Guardianship is equally as important.
An Enduring Guardian is someone or several people you appoint to make lifestyle, health and medical decisions for you when you are not capable yourself. Your Enduring Guardian can make decisions including where you live, what services are provided to you at home and what medical treatment you receive.
Enduring Guardianship only comes into effect if or when you lose capacity and will only be effective during the period of incapacity, therefore, it may never become operational. However, it is a good way to plan for the future, particularly for unforeseen situations.
Disputing a Will
We can provide professional guidance in circumstances where you may wish to dispute a Will where you believe you have been unfairly treated. Alternatively, you may have questions over how the Executor is administering the estate.
We are also able to provide support and advice in defending the administration of a Will.
Contesting (or defending) a Will can be a very sensitive matter so we always aim to ensure that the process is as stress free as possible as we work together to achieve a favourable outcome for you.