Wills & Powers Of Attorney

Powers of Attorney

Preparing a legal Will is the best way to ensure that once we pass away, our family members are properly provided for and the likelihood of disputes limited.

A Will takes effect upon the death of a person.

However, in the course of our lives, there may arise situations where we cannot act for ourselves. Therefore it is important to have Powers of Attorney in place to ensure that those persons we trust most will be able to look out for our best interests in the event that we are unable to do so.

When somebody becomes incapable of managing their own affairs, important legal steps must be taken to ensure that their legal & financial affairs are taken care of and managed in their best interests.

If family members cannot agree on what is in the best interests of their loved one, disputes ensue and delays can cause further problems.

If you wish to prepare a Will or Power of Attorney, call us on 03 9571 5157 or contact us online.

Making A Will

 

Making a Will


What is a Will? A Will is a legal document that sets out clearly how your property is to be divided in the event of your death.

Under the Will, an Executor is appointed, who will manage the estate, collect all the assets, pay the debts and distribute the remaining assets among the beneficiaries. A Will only comes into effect upon your death.

Why should I make a Will

 

Why should I make a Will

If you don’t make a Will, your estate will be divided according to a fixed formula as set out by the government.

However, if you make a Will, your wishes are carried out as set out in the Will. You will specify how you want your assets divided, who the guardian of your children will be and who will administer the estate.

To prepare your Will, please click here to send us your instructions, or call us on 03 9571 5157.

It is advisable to review your existing Will in the event of a change in your circumstances such as acquisition of assets, divorce, death of a beneficiary, etc.

If you wish to discuss reviewing your existing Will, click here.

Probate & Letters of Administration

 

Probate & Letters of Administration

 

Daniel_Le-Mercier-law-probate What is Probate?

When a person dies, it is necessary to

– gain access to bank accounts

– transfer real estate and other assets

– pursue claims on behalf of the deceased and receive compensation.

If the deceased person had a legal Will, it is necessary to obtain a grant of probate of the Will from the Supreme Court so that the Executor can deal with the assets and liabilities of the estate.

Once a grant of probate is obtained from the Supreme Court the executor can administer the estate.

If a person dies without a valid Will, the law determines who receives the estate.  Letter of Administration have to be obtained from the Supreme Court, which allows the assets and liabilities to be dealt with. Letters of Administration authorize a person (the administrator) to administer the deceased estate and distribute the assets.

Call us for a quote on 03 9571 5157 or contact us online.

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