Let us answer the difficult questions
FAQs:
WILLS
What is a Will?
A will is a legal document you prepare to nominate who will receive your assets after you pass away.
Do I need a Will?
It depends on your particular circumstances. However, having a properly prepared will makes dealing with matters easier for your relatives after you have passed away. For example, it provides banks, utility providers and other places with an authorised person to provide information to. This person is called your executor.
Why should a lawyer prepare my Will?
Many cases in the courts could have been avoided by the deceased person having a properly drafted will. Wills are often not signed properly or have unclear clauses. This can cause complications in applying for probate. In some cases, the court decides that a beneficiary is not entitled to the gift under the will because the wording is unclear, or an error is made when describing the asset.
What if I don’t have much to leave?
It is still worth obtaining a properly prepared will because you also receive advice. A lawyer will not just draft your will, they will also discuss your particular circumstances and provide you with advice. A will also makes it simpler for your relatives to deal with your estate after you are gone.
When should I change my Will?
If something significant has or is happening in your life, such as marriage, divorce, new baby, new relationship, death of a loved one or the purchase of a home – then your will may need to be updated. You should read your will every 2-3 years to see if it is still suitable for you.
What if my relative is incapable of preparing a Will?
You may wish to make an appointment to discuss their circumstances. Sometimes after being assessed, it is still possible for someone with a disability to make a will. If not, it is possible to apply to the court for a will to be made for a relative with a disability.
FAQs:
Deceased Estates
What is Probate?
Probate is an order of the Supreme Court for the executor to be appointed to deal with the estate and gives authority to deal with the deceased person’s assets.
What if there isn’t a Will?
If there is no will, it may be necessary to apply to the Supreme Court for an administrator to be appointed. The law determines which of the deceased’s relatives are eligible to be appointed and receive monies from the estate.
What if I am not included in a Will?
You may be eligible to make an application to the court for provision to be made for you. Contact us to discuss your options.
Why do I need a lawyer?
If you are an executor, then you have certain legal obligations and responsibilities that you may not be aware of. It is a good idea to get advice at the outset to understand your duties.
If you are a beneficiary, you are entitled to be kept informed of the estate's progress. You may have rights you are not aware of and it is a good idea to get advice early to ensure you understand your position. Your eligibility to raise certain issues may be affected by the passage of time.
What if the family is arguing?
If issues arise after the loss of a loved one, it may be helpful to obtain some advice about how to resolve those issues early on to see if good relationships can be maintained.
FAQs:
Enduring Documents
What is an Enduring Power of Attorney?
An enduring power of attorney allows you to appoint someone to deal with your financial affairs. The document can have immediate effect and continue in the event you have capacity issues in future.
Do I really need Enduring Documents?
It is your choice. If you do not have the documents and lose capacity in future, then a relative can make an application to the State Administrative Tribunal to be appointed to act for you. The person appointed may not be the person you would have chosen yourself and there can be a delay in obtaining the orders due to the wait time for a hearing.
What is an Enduring Power of Guardianship?
An enduring power of guardianship allows you to appoint someone to make medical and lifestyle decisions if you become incapable of making such decisions for yourself in future. A lifestyle decision includes where you live, what services you require and who you spend time with.
Suffering from Elder Abuse?
There have been instances of attorneys or guardians not acting in the best interests of the person who appointed them. If you are concerned about this, you should obtain advice before making any enduring documents and carefully consider who you appoint – it must be someone you trust.
If you are concerned that a relative is suffering from elder abuse, resources and services are available. Advocare has a free, confidential helpline – 1300 724 679.