Wills

A Will is a legal document in which you state how you want your Estate Assets to be distributed after your death. A Will also allows you to choose an Executor who will be responsible for making sure that your wishes are met and can also be used to appoint a Guardian to look after minor children until they can look after themselves.

Apart from these obvious advantages, a Will can avoid the expense and disputes that often occur when a person dies without a Will. Everyone should have a Will. A Will is the only way that you can tell others how you want your assets to be distributed after your death.

Wills can only be made when you have testamentary capacity. Therefore, now is the time to make or update your Will. Unfortunately, you never know what might happen in the future and everyone has a story about someone they know who has suffered an unexpected trauma or death.

Significantly, if you or someone you know has made a Will using the Public Trustee, the Public Trustee will be appointed as your Executor and will retain a percentage of your Estate Assets as a commission.

Your Will is one of the most important documents you will ever sign, and should, therefore, be prepared by a Solicitor experienced in Estate Planning issues and after having considered all you and your beneficiaries’ circumstances and liaising with your Financial Planner and Accountant where necessary.

Powers of Attorney

A Power of Attorney is a document pursuant to which you appoint a person(s) to manage your financial affairs, usually in circumstances where you are unable to manage your affairs yourself (for example, due to illness, unsoundness of mind or time overseas). An Enduring Power of Attorney is a Power of Attorney that only commences or continues to operate after you are unable to make decisions for yourself.

An attorney must always act in the best interests of the principal. Unless the attorney is expressly authorised, the attorney cannot gain a benefit from being an attorney.

Appointment of Enduring Guardian

An Appointment of Enduring Guardian is a document pursuant to which you appoint a person(s) to make health and lifestyle decisions on your behalf when/if you are no longer able to make those decisions yourself due to illness or unsoundness of mind. Unless the guardian’s authority is restricted, a guardian may:

1. decide where you live,
2. to decide what health care you receive,
3. consent to the carrying out of prescribed medical or dental treatments on you, and
4. decide what other kinds of personal services you receive.

 View our Schedule of Fixed Fees for a Standard Will, Power of Attorney or Appointment of Enduring Guardian

Frequently Asked Questions

What is Modern Estate Planning?

Moderns Estate Planning is not just about making a Will, Power of Attorney or Appointment of Enduring Guardian. Modern Estate Planning is planning for the preservation of your wealth during your lifetime as well as planning for the succession of that wealth to your intended beneficiaries in the most advantageous manner upon your death.

Who could contest my Will?

The following people are 'eligable persons' who may apply to the Court for a family provisions order in respect of the Estate of a deceased person:
•a person who was the wife or husband of the deceased person at the time of the deceased person's death,
•a former wife or husband of the deceased person,
•a person with whom the deceased person was living in a de facto relationship at the time of the deceased person's death,
•a child of the deceased person,
•a person:?who was, at any particular time, wholly or partley dependent on the deceased person, and
?who is a grandchild of the deceased person or was, at that particular time or at any other time, a member of the household of which the deceased person was a member,
?a person with who the deceased person was living in a close personal relationship at the time of the deceased person's death.

Why is it best not to use a Will Kit?

The chances of a Will kit delivering an undesired result are unacceptably high. To reduce those chances and adequately protect your assets your should invest in a solicitor with an indept understanding of Modern Asset Protection and Modern Estate Planning strategies. The end result will be far more suited to your wishes and will be tailored to suit your specific ciurcumstances.

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