Helping you to make the right decisions to give peace of mind for your loved ones.
It is important that you have a current Will and Enduring Power of Attorney in place to ensure you and your assets are protected. Whether you’re preparing a Will for yourself, or require assistance with an Enduring Power of Attorney, our experienced team is available to guide you through the process.
Partner, Nicholai Poulson and Senior Associate, Nicole Ainger lead the Wills & Powers of Attorney division of Ingwersen & Lansdown Solicitors.
If you would like Nicholai, Nicole or Adriana to assist you with a Will or an Enduring Power of Attorney and other legal documentation, please call (07) 5589 2600.
TWO DOCUMENTS EVERY ADULT SHOULD HAVE
Expand below to view what each document entails:
The importance of having an up to date and valid Will cannot be understated and this is a crucial document everyone needs to have in place. A Will allows you to communicate your wishes clearly and to whom you wish to give your assets. It is a simple process that can save your family grief, time and money, as well as give you peace of mind. Let our experienced and friendly Wills & Estates team assist you to create a document that effectively disposes of your Estate in the way you choose. We are also able to advise on planning for the future and this advice will include discussions on the many possible scenarios that can be created in the effective drafting of a Will to ensure your wishes are carried out.
What happens if you pass away without a valid Will?
You are deemed to have passed away ‘intestate’. This means there are no instructions, and your estate will need to go through a legal process to determine who your assets are distributed to. Your assets will be distributed pursuant to the succession laws. However, this does not account for in-laws, stepparents, stepchildren, any non-relatives or any other wishes you may have for the distribution of your estate. This can be a lengthy and stressful process for all involved. A Will lets you tell the world who you want to give your assets to, and it can save your family grief, time and money, as well as give you peace of mind.
An Enduring Power of Attorney is a formal document giving another person the authority to make decisions on your behalf. An Enduring Power of Attorney lets you choose someone you trust to make personal, medical and/or financial decisions on your behalf if you are unable to.
What decisions can your Attorney make for you?
Your attorney can provide direction for your care, including making medical, financial and personal decisions. An Enduring Power of Attorney can help to safeguard your assets.
When does an Enduring Power of Attorney take effect?
This is your decision – you can make it immediate, upon a medical certificate from your Doctor stating you need assistance or if you give instructions in writing.
What happens if you don’t have an Enduring Power of Attorney?
A Tribunal or the Courts will have the discretion to appoint an organisation or person they consider appropriate.
Before your appointment to see our team to have a legal will drafted, you may wish to consider the following issues:
- The full names of your beneficiaries, executors and trustees;
- What percentage of your estate each beneficiary is to receive;
- The extent of your assets held jointly or solely, including details of a Family Business/Company operated by you;
- Details of your Superannuation;
- If you intend to exclude any potential member of your direct family you should be prepared to discuss this with us at your first meeting;
- Should you consider the creation of a Testamentary Trust? This legal tool may protect your estate from challenges by persons who may have an interest in your estate as creditor or otherwise. A Testamentary Trust can also be an effective tax planning tool. A Letter of Direction can assist your trustees to guide them with your thoughts and wishes after your death. For more information on Testamentary Trusts, contact our office.
Call our experienced team for a free quote on your legal services.
Please don’t hesitate to call to discuss a Will or an Enduring Power of Attorney for yourself or your loved ones.
