We assist clients with their estate planning including the preparation of:
- Wills (both simple and complex)
- Enduring Powers of Attorney
- Appointments of Enduring Guardian
A Will is a legal document which sets out your wishes for the division of your assets after your death. If you die without a valid Will, then your assets will be divided according to the laws of intestacy contained in legislation. These rules may not reflect your testamentary wishes. If you have young children, then it is also important to express your wishes in relation to the appointment of guardians for your children.
Testamentary trusts are trusts contained in your Will and established on your death. Testamentary trusts may provide significant tax benefits and asset protection benefits for your beneficiaries. We have expertise in drafting Wills incorporating a wide range of testamentary trusts (including beneficiary-controlled testamentary trusts and trusts for beneficiaries with disabilities).
Enduring Power of Attorney
An enduring power of attorney is a legal document that allows you (the ‘principal’) to nominate one or more persons (referred to as ‘attorneys’), to act on your behalf. An enduring power of attorney gives the attorney the authority to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf.
The attorney’s power continues even if for any reason you lose your mental capacity to manage your own affairs. Once you lose your mental capacity you cannot revoke this power of attorney. We can help guide you in drafting an enduring power of attorney which is suitable to your circumstances including appropriate conditions and restrictions on your attorney’s power.
Appointment of Enduring Guardians
An enduring guardianship appointment is an important legal document. It allows someone else to make medical and lifestyle decisions on your behalf.
It is possible to give specific directions to your enduring guardian or to add to or restrict the areas of your life in which the guardian can make decisions. We have expertise in assisting clients with appointing enduring guardians.