WILLS

Should I Make a Will?

Yes. Making a will is essential if you would like to decide who will receive your assets and belongings after you die. It is particularly important to make a will if you have a family or other dependents. Even if you are married you will need a Will.

Sharon Moore offers one of the easiest and most cost-effective ways to obtain a Will in the Warners Bay area.

We always recommend keeping your will up to date as it makes distributing your estate far easier on your beneficiaries in what is already a hard enough time as it is.

We can assist you with:

• Drafting & updating wills;
• Applying for Probate;
• Assistance with claims against wills & estates
• Deceased estate claims / defending deceased estates
• Estate planning administration
• Letters of Administration (in the event that a will is invalid or there is no will at all);
• Supreme Court estate litigation; and
• Assistance with the Family Provision Act 1982

How we will help

Having us draw up your will is in your interest because we will:

• Make sure your will is valid – that is, properly drawn, signed and witnessed.
• Make sure your wishes are clearly expressed in the will.
• Advise you regarding adequate provision for your spouse and children, or for any former spouse or any dependants.
• Advise you as to any possible liability for capital gains tax which might result from provisions you intend to make in your will.
• Advise you on choosing an executor and on the executor’s right to be paid for his or her time and trouble in administering your estate.
• Advise you on the best way to arrange your affairs.
• Keep the will in a safe place, without charge.

POWER OF ATTORNEY

What is a Power of Attorney?

A 'Power of Attorney' is a document which appoints another person (called your attorney) to act for you in relation to financial affairs. The document states what the attorney is authorised to do. This can be as specific or as general as you wish. It is important to appoint someone you can trust because any lawful action taken by the attorney under the power of attorney is binding on you. This person must also be 18 years or over.

Even though you have appointed an attorney, you can still personally carry out any transactions, such as banking and the sale of property, while you retain the ability to do so.

Who can I appoint as my attorney?

Your attorney must sign the enduring power of attorney form to show that he or she consents to act, so before filling in the form you need to ask the person you choose as your attorney if they agree to be appointed. The attorney can sign the form at the same time as you or at a later time, but it will not start to operate until he or she signs it.

ENDURING GUARDIAN

What is an Enduring Guardian?

An enduring guardian is someone you appoint, at a time when you have capacity, to make personal, health or lifestyle decisions on your behalf should you lose the capacity to make them for yourself.

You can appoint more than one enduring guardian if you wish, and you should choose which decision-making areas you want your enduring guardian to have. These are called functions. You can give your enduring guardian as many or as few functions as you like. For example, you can authorise your enduring guardian to decide such things as where you may need to live or what medical treatment you should receive.

Your enduring guardian must act within the principles of the Guardianship Act, in your best interests and within the law. You cannot give your guardian a function or a direction that would involve them in an unlawful act, such as euthanasia.

How we will help

We can help with the following:

• Tell you more about how a power of attorney or the appointment of an enduring guardian can be used to help organise your financial and personal affairs should you lose the ability to manage them yourself;
• Prepare and explain the documents for the power of attorney and appointment of enduring guardian, and arrange the necessary signatures and certificates.

LETTERS OF ADMINISTRATION

PROBATE