Wills & Powers of Attorney

ConnectLaw offers assistance with Wills in different ways.
We can help with Wills & Powers of Attorney

ESTATE Planning

Planning for your family’s future after you are gone is a really important legal task.

If you take the time now to make an effective legally binding will, you can save your family not only stress but money in what will undoubtedly be a difficult time for them.

Contact us to find out how we can assist you.

IF YOU ALREADY HAVE A WILL, WHEN DID YOU LAST REVIEW IT?

You should certainly review your will after any major events, such as marriage, divorce, property purchase or sale, business purchase or sale, death of a beneficiary or if your assets change significantly. We also recommend that you take a look at your will every couple of years just to make sure that it is still the best instrument for you and for your family. 

HOW DO YOU KNOW A WILL IS VALID?

For your will to be valid, you must be mentally competent, the will must be correctly signed and witnessed, and show no evidence of tampering.

If there is any doubt, or potential for dispute as to your mental competence, you should get a doctor’s confirmation of your capacity to make the will and include it with your will.

YOU WOULD LIKE TO MAKE A WILL BUT YOU ARE UNSURE WHERE TO START?

Things you need to consider:

Who will be your Executors?

Your Executors have the legal and administrative task of sorting out your assets and debts after you die and making sure that your wishes as outlined in the will are upheld.

Who will be your beneficiaries and what effect will their inheritance have on their circumstances?

You can designate anyone as a beneficiary and distribute your assets in any way you like, however if you don’t provide for your family and dependents, your will can be contested and your hard won assets used on litigation fees.

You should also consider the effects that an inheritance may have on your beneficiaries. In some cases a testamentary trust can sidestep potential taxation problems, so it’s important that you get specific advice about your situation.

HOW CAN WE HELP?

We can write a will that makes:

* your wishes clear

* that avoids confusion and conflict amongst your loved ones

* that is legally valid and binding and protects your family and friends from costly and stressful legal disputes.

  • We can set up family and testamentary trusts.
  • We can advise you in regard to choosing executors and guardians.
  • We can minimise the chance that your will is contested and subject to litigation.
  • We can safely store your will and other important legal documents free of charge.
  • Our Fees

If you would like to make a number of specific gifts to multiple beneficiaries or wish to establish a testamentary trust or the will involves more complex work in some other respect, please speak with us about your circumstances so we can give you a fixed fee quote.

IF YOU HAVE ANY QUESTIONS

Contact us to find out how we can assist you.

ARE YOU READY TO MAKE A WILL?

If you are ready to make a will, please fill out our Will questionnaire. We will then prepare your will and provide you with a draft for review together with our advice.

Powers of Attorney

What is a power of attorney?

There are a number of types of Power of Attorney. Here’s what we can help you with:

  • General Power of Attorney which appoints someone to make financial and legal decisions on your behalf for a specific period of time, for example, if you are overseas and need someone to manage your financial affairs while you are away.
  • Enduring Power of Attorney which is used to appoint someone to make financial and/or personal decisions for you in the event that you lose the capacity to make those decisions yourself.
  • Enduring Power of Attorney (Medical Treatment), which is used to appoint someone to make medical treatment decisions on your behalf if you cannot make them yourself.
  • Enduring Power of Guardianship, which is used to appoint someone to make personal and lifestyle decisions on your behalf such as your living arrangements if you have lost the ability to make decisions for yourself.

Who Can Make A Power Of Attorney Or Guardianship?

Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.

When Should I Make A Power Of Attorney & Appointment Of Enduring Guardianship?

Before you need them!

These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.

When Does It Start?

For an Enduring Power of Attorney, it begins when you nominate that it should. Enduring Powers of Attorney (Medical Treatment) and Powers of Attorney (Guardianship) only commence when you are unable to make your own decisions.

Who Should I Appoint To Be My Attorney Or Guardian?

You need to appoint someone your trust to make the right decisions. With a General Power of Attorney and an Enduring Power of Attorney you can appoint more than one person to make the decisions jointly.

What Are The Legal Responsibilities Of My Attorney?

They are legally responsible to you and must act in your best interests. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.

Who Should I Talk To About It?

It is really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.

Do I Need A Witness?

Yes, these documents need to be witnessed by a person with statutory authority such as a solicitor or notary public.

Can I Change My Mind?

Yes, as long as you still have the decision-making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.

If You Have Any Questions

Contact us to find out how we can assist you.

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