Wills and Estates

Your Will

Every adult should have a valid Will. As the name implies, a Will is “your will or intent” and contains your specific choices regarding not just the disposal of your assets but also, for example, your choice of executor.

Every person’s situation is unique and therefore special care should be taken to make sure that all relevant information is considered when drawing up their Will.

We offer reduced fees for basic husband & wife (or partner) Wills, not based on our usual hourly rate.  For $605.00 inclusive of GST, (or less than $400 for a single Will, inclusive of GST), you will have a valid current Will which will avoid the uncertainties of dying intestate (that is, without a valid Will).

 

Enduring Power of Attorney

By this document, you as the donor appoint another person or persons to sign and transact business and personal affairs on your behalf. The enduring part of the title also means that the document continues in force even though you as a donor may subsequently become incapacitated in some way. A very high degree of trust is invested by you as the donor in the person you appoint so special care needs to be taken in your choice of donee(s). An Enduring Power of Attorney can become invaluable in a situation where you as the donor become old, incapacitated or perhaps travelling overseas for a period of time and require someone to be able to sign and transact business and personal affairs on your behalf whilst you are away or unable to do so.

Advance Care Directive

This document enables you to appoint other persons who are given the authority to make a decision on your behalf as to your medical care and welfare should you be unable to do so for yourself at some time. Again, this is a document which invests a high degree of trust in the person appointed. This document makes sure that any of your particular wishes such as health care and treatments are recorded in writing for future reference.

 

Probate

The word Probate itself means to prove and, in the context of a Will, means to prove the validity of a particular Will. This is important because proof of the Will or Probate enables third parties such as Banks and Government departments to be able to act with confidence when transferring assets, for example. Probate, however, is not always required and we can assist you by advising whether, in any particular case, Probate will be necessary.

The process of obtaining Probate of a Will is that of preparing a series of documents which, after signing, are lodged as an Application for Probate at the Supreme Court.

Letters of Administration

If a person dies without a Will, it is still possible for someone to apply to administer their estate using what is known as Letters of Administration. The process of applying for a Grant of Letters of Administration is governed by Statute Law and we are able to assist you in determining whether you would be eligible to apply for such a Grant and, if eligible, to assist in making the application.