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———— 01. OVERVIEW
Wills & Estate Planning Made Simple!
A Will is a legal document that formalises your wishes in relation to your assets and possessions. A Will appoints as person as an Executor(s), who is responsible for administering a deceased person’s estate, ensuring that any debts are paid, and distributing the remaining assets as detailed inthe Will to nominated beneficiaries.
It is important to obtain legal advice to ensure your wishes are well documented and executed in accordance with the guidelines for creating a Will. Easy to use will kits, available online or over the phone, might seem convenient but can easily become invalidated due to a failure to complete the legal requirements to make the Will effective. Our team will guide you through the process to ensure your wishes are protected and respected.
It is important to ensure that your Will is kept updated if anything significant changes such as getting married, divorced, having children or the purchase of a large asset. Our lawyers will undertake a review and update your Will, to ensure that the distribution of any assets you acquire in the future are safeguarded.
Wills can be contested on many grounds, including where the deceased person may have been under undue influence or lacked the mental capacity attime of creating Will. A person excluded from a Will, but entitled to a share inthe estate can also contest a Will. Our team can assist you through the legal process involved to contest a Will. Time limitation periods apply to contest a Will, So it is important tocontact our lawyers as soon as possible.
There are two types of applications you can make to the Supreme Court of NSW to execute or administer a deceased person’s estate:
- Grant of Probate: A legal document that authorises an executor(s) to manage and distribute a deceased person’s estate in accordance with their will.
- Grant of Letters of Administration: This applies where a deceased person did not have a Will. This a legal document authorising the administrator(s), who would commonly be the next of kin, to manage a deceased person’s estate in accordance with the law.
———— 02. RELATED SERVICES
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A Power of Attorney is a legal document giving authority to a trusted person(s) to make legal and financial decisions on your behalf. A Power of Attorney can be made effective immediately or at a future date, which can be useful if you are overseas, become unwell or face mental incapacity. There are two types of Powers of Attorney:
- General Power of Attorney: Assists with decisions to be made on your behalf while you have mental capacity to do so. It ceases when you lose mental capacity.
- Enduring Power of Attorney: Assists with decisions to be made on your behalf, before and after you have lost mental capacity to do so.
An Enduring Guardianship enables you to designate a trusted person(s) to make vital decisions about your medical health, dental health and lifestyle. This will only apply once you lose mental capacity and will continue as long you require, unless:
- You cancel or revoke it, before you lose mental capacity.
- Your guardian resigns or unable to carry out the role.
- Guardianship Division of NSW Civil and Administrative Tribunal (NCAT) or the NSW Supreme Court revokes or changes the appointment.
———— 04. WHAT OUR CLIENTS SAY
Legal Expertise Makes a Difference.
Navigating the complexities of the Wills and Estate planning process can be daunting. Our specialised lawyers are here to offer expert advice and recommendations, providing the assurance and peace of mind you need to confidently make the right decision to plan ahead.
———— 05. OUR TEAM
Your Wills and Estate Planning Specialists
At One Law, we understand that every case is different, and we take the time to get to know your situation. We are your local lawyers with access to resources in all states, so you know your case is in good hands no matter where you are in Australia. Meet our Injury and Accident Specialists.