Your Will is one of the most important documents you will ever sign during your lifetime.
We can assist in drafting a Will that ensures your estate is administered exactly how you want and help make sure your family is taken care of – especially in unexpected circumstances.
Some things to consider are:
• Who you appoint to administer your will – The Executor and Trustee?
• Who will be the guardians of your children?
• How will your assets be divided?
• What are your funeral and burial wishes?
We can also provide advice on areas of relationship law and family law that apply to Wills and Estates – we also provide this advice under our Estate Administration service as well.
Enduring Powers of Attorney (EPAs)
EPAs differ from Wills in that you are able to appoint a person to look after your property affairs and your welfare in the situation where you have lost mental capacity – either through a critical accident or medical or other event.
Once a doctor has certified you as being mentally incapable, your “attorney” appointed in your EPA will be able to step in and manage your affairs for you. Attorneys are strictly bound to only manage your affairs for your benefit, and cannot benefit themselves. If you are deemed mentally incapable by a doctor and you do not have an EPA then it requires an application to the High Court to have one appointed.
This is both very a slow and expensive process, so is best avoided by making EPAs ahead of time.
Enduring power of attorney for personal care and welfare
This power is usually given to a close friend, spouse or family member who makes decisions about your care. For example selecting a rest home or deciding on medical treatment.
This kind of enduring power of attorney comes into effect only when a doctor certifies you have lost your mental capacity.
Enduring power of attorney for property
You can pick one or more individuals to make decisions about how your property and finances are to be managed. You can have the same person as your enduring power of attorney in relation to welfare and care or you can appoint someone different.
It is your choice whether this power comes into effect when you are still capable of managing your finances or only if a doctor certifies you have lost your mental capacity.