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Wills & Estate Law
Wills / Powers of Attorney / Advance Care Directives When a person dies without a Will, your estate may go to people you don’t want it to. Most people do not think they don’t need a Will because they are young, have no children, may be unemployed or have very little money in the bank. As soon as you have anything to your name, it is time for you to have a Will and to make sure that you have a say in how your assets are to be dealt with when you die, it is important that you have a valid Will. To ensure a Will is valid, it must be constructed correctly.
Wills should be updated regularly or following significant life changing events including marriage, remarriage, separation, divorce, the birth of a child, the death of your partner or spouse. This will ensure that your Will adequately reflects your wishes.
It is good practice to review the contents of your Will every five years.
If you do not have a valid Will at the time of your death you are said to have died intestate. The Public Trustee may be appointed to manage your estate and will charge a fee to do so. Should this occur, your true wishes may not be taken into account.
You may be tempted to use a home Will kit because they are cheaper, however those documents are not always as clear & as safe as you think they may be. If it is later contested, it may end up costing your estate far more than the cost of a proper legal Will to start with. A Will offers you some peace of mind that your loved ones will know with certainty what you would want done with your assets. When considering a Will, also enquire about an (enduring) Power of Attorney as well an Advance Care Directive.
Call Evans Testa Lawyers on 8263 2400 to arrange an appointment
Power of Attorney
To ensure that your financial affairs can be attended to when you can’t, a power of attorney can assist. This is a legal document prepared by a lawyer to give someone power nominated by you to look after your legal interests if you suffer from an illness, incapacity or are to be away from home. If you have not appointed someone in this role and you became incapable of looking after yourself, someone may be appointed for you.
Call Evans Testa Lawyers on 8263 2400 to arrange an appointment
Advance Care Directive
A legal document where you appoint someone to carry out your wishes regarding your quality of life. You nominate where you would like to live, what healthcare you want to receive and what consent you want to give for medical procedures.
Wills package pricing discounts are available.
All our Wills / Powers of Attorney / Advance Care Directive packages include the original document and two certified copies of each document.
Call Evans Testa Lawyers on 8263 2400 to arrange an appointment
What is wills and estate law?
Wills and estate law governs how a person’s assets and property are managed and distributed after their death. It covers the creation of Wills, the administration of estates, probate and the distribution of assets when someone dies either with or without a Will.What is a Will?
A Will is a legal document that mirrors the intention of the writer and how they wish for their estate to be distributed upon their death.
A Will, to be valid, must meet certain legal requirements. If it does not, the Will may be deemed invalid and the person would be deemed to have passed away without a Will.
This will alter the distribution of the estate.
Can a Will be contested?
A Will can be contested if it is deemed by the Court to be invalid or unfair.
It may be contested by, for example, the dependents, spouse, child, stepchild or domestic partner of the deceased.
Does my Superannuation and Life Insurance entitlements form part of my estate?
Superannuation and/or life insurance usually does not automatically form part of the estate.
Trustees of a superannuation and/or life insurance fund may pay to a nominated beneficiary subject to a deceased person’s valid binding death benefit nomination.
Where there is no binding death benefit nomination, the trustees of the superannuation fund will pay these funds to the estate of the deceased.