Should I appoint a power of attorney?
You should always have a plan to deal with those times when you are not able to manage your personal business affairs – be it temporary or in the event of infirmity or tragedy....
When should I make a will?
The simple answer is that it is never too early or too late to make a will, but the best time is NOW.
Everyone of adult age should have a will....
What is the role of an Executor?
An Executor is the person appointed in another person’s will to dispose of the monies, property and other assets listed in that will, after the death of its author....
What is a will?
A will, often called a ‘last will and testament’, is a document written by an individual (the ‘testator’) stating what will happen to all his or her monies, property and other assets (collectively called ‘the estate’) when he or she dies....
Should I appoint an enduring guardian?
You should approach this decision in the same way you would approach the decision to make a valid will; its about catering for unpleasant possibilities that you can’t fully contemplate now, but doing so in the interest of your loved ones and yourself....
How are de facto relationships dealt with?
This can be an issue when the deceased did not write a will clearly expressing their intentions towards family and friends. A de facto spouse may have to first prove that they were, indeed, the de facto partner of the deceased....
How are same-sex relationships dealt with?
In some States, the definition of a ‘de facto’ relationship has been changed to include same-sex relationships by removing any reference to the gender of de facto partners....
Can I challenge a will?
You may be able to challenge a will on a number of grounds, provided you are eligible to do so. You would do this in the Supreme Court and it must occur no later than eighteen months after the deceased passed away....
How can I provide for financially reckless beneficiaries?
This a common concern when writing a will. In some extreme examples, where the possible beneficiary concerned is a spouse or child, it is very difficult to avoid naming them as a beneficiary because, as a child or spouse, they have an immensely strong claim against your estate even if you choose not to name them....
If I die without a will, who gets my assets?
When someone dies without a will, he or she dies ‘intestate’. In each state, the law has arrangements for this which detail who gets what from the deceased’s estate and how this process is to be administered....
Can I write my own will?
Anyone can write their own will or they can do so with the assistance of a solicitor specialising in wills.
Sometimes, people attempt a ‘homemade’ will without any guide or assistance but such documents often do not follow correct legal form nor withstand legal scrutiny; there are many formalities that a valid will must follow and legal assistance is really the best way to adhere to these....