• Wills, Powers of Attorney & Enduring Guardianships •
A Will is a written statement of the way in which a person wishes to have their property distributed after death. It must comply with the formalities set out by law. It needs to be in writing, identify the testator (maker of the Will) and be properly signed and witnessed. Normally, a paper on which a person has simply written their wishes has no validity, nor has a spoken request by a dying person.
Why have a Will?
Anyone that owns some property and would like to pass it on to relatives and friends after death needs a Will. If you are over the age of 18 with the necessary capacity you may make a Will. ‘Capacity’ means that a person making a Will must be of sound mind and be able to understand what it means to make a Will.
When should I make a new Will?
A person needs to make a new Will when they marry, as marriage revokes a Will, unless it is stated that it has been made in contemplation of marriage. A new Will should also be made if you divorce or experience any major changes in your circumstances. It is a good idea to revise a Will on a regular basis, say every five years, to make sure it still represents your wishes.
What if I don’t make a Will?
If a person dies without making a Will (intestate) their assets will be divided and distributed according to State laws. This could mean that the people who benefit from your Estate may not be those you would have chosen. If you have no direct relatives your assets may pass to the State.
What is the procedure?
Firstly, we organise a meeting with you (office or telephone) to collect details for your file, clarify the procedure involved and obtain the necessary information we require.
When organizing your Will we need to determine:
Details of your property
The Executor/s - the person/people who look after the Estate and sign the documents.
Trustee - the person who oversees the Estate for minor beneficiaries.
Beneficiaries - the recipients of the Estate.
Guardian - the person who cares for your children if they are under the age of 18.
Once this information is collected and different Will options are discussed, the Will is drafted and typed.
We send this draft copy to you for approval. If required, we make any changes that you request. If everything is in order, we ask you to make an appointment at our office to sign the original Will. We provide the necessary two people to witness the signing of the Will.
A Tax Invoice is rendered and paid at the signing of the Will at our office.
We give you a copy of the Will for your records, secure in a complimentary folder and place the original Will in our Deeds Cabinet for safekeeping. Any Wills previously made will need to be destroyed. If necessary, we obtain your written authority to collect any Wills or documents held elsewhere.
How much does a Will cost?
Single: $110.00
Double: $176.00
Pensioner Single: $66.00
Pensioner Double: $132.00
Prices include GST
Prices as at December 2006
What is an Enduring Power of Attorney?
A Power of Attorney is a legal document where you authorise someone (your attorney) to make financial decisions and sign papers on your behalf.
Why have a Power of Attorney?
If you are traveling overseas for a lengthy period of time or your health is deteriorating you may want to give someone Power of Attorney. You can place limits on your Power of Attorney and it may be cancelled at any time with the help of a solicitor.
What is the procedure?
Firstly, we organise a meeting with you (office or telephone) to collect details for your file, clarify the procedure involved and obtain the necessary information we require.
When organizing a Power of Attorney we need to determine:
1. The name of the Donee - the person to be given the Power of Attorney,
2. The purpose of the Power of Attorney,
3. Any special conditions or restrictions, and
4. If registration of the Power of Attorney is required.
Once this information is collected, we complete the Power of Attorney and organise an appointment for you to sign it. This document also requires your Attorney to sign an Acceptance of Appointment. A Certificate of Witness needs to be completed by a solicitor. A Tax Invoice is rendered and is paid at the signing of the Power of Attorney at our office.
We give you a copy of the Power of Attorney for your records, secure in a complimentary folder and place the original in our Deeds Cabinet for safekeeping
If required, we register the Power of Attorney for you at the Land and Property Information Office.
How much does it cost?
Single: $110.00
Double: $176.00
Pensioner Single: $66.00
Pensioner Double: $132.00
Registration fee
if required $99.25
Prices include GST
Prices as at December 2006
What is an Enduring Guardianship?
An Enduring Guardianship is a legal document by which you authorise a relative or friend to make medical and care decisions for you, in the event that you lose legal capacity, if you have a serious illness or accident or because of advanced age.
What is the procedure?
We need to determine:
1.The Guardian – the person or persons you appoint to
carry out your directions if you become incapable of doing so.
2. The purpose of the Enduring Guardianship and any special conditions, directions or restrictions which you require your guardian to complete on your behalf if you become physically or mentally unable to complete them yourself.
When this information is obtained from you and the various options are considered, we prepare a draft Appointment of Enduring Guardian. If everything is in order, it is signed by you at our office. It also requires your Guardian to sign an Acceptance of Appointment. A Certificate of Witness needs to be completed by a Solicitor.
We give you a copy of the Enduring Guardianship for your records, secure in a complimentary folder and place the original in our Deeds Cabinet for safekeeping.
How much does it cost?
Single: $110.00
Double: $176.00
Pensioner Single: $66.00
Pensioner Double: $132.00
Prices include GST
Prices as at December 2006
If you would like us to assist you, or you require further information,
call us on 02 4969 1800 to make an appointment.