You’ve worked hard for everything you’ve accomplished and attained in life and it is only right that you pass on your estate to your loved ones when you go. The best way to fairly distribute your estate is by creating a Will and arranging your affairs with an experienced lawyer.
The law allows us to decide on how our property should be distributed in the event of our death, accomplished through a written document known as a Will. In order to create a Will, you need to be aware of the following:
- You must be at least 18 years old (there are some exceptions)
- You must have the ability to understand that the Will is a legal document
In order for the Will to be validated, it must meet the following criteria:
- It must be in the written form
- Signed by you in the presence of at least two witnesses
- Signed by the two witnesses in your presence
- Neither of the witnesses are a beneficiary or a spouse of a beneficiary
You may, at any time, decide to create changes to the Will. Should this happen, you’ll need to ensure that the above criteria are met. If you only need to change a specific provision in the Will, you can write a codicil, which is a separate document attached to the Will outlining the changes. Keep in mind that the codicil will also need to follow the above criteria.
It is also advisable that you create an Enduring Power of Attorney so that a person can act on your behalf if you should lose the mental capacity to do so. Bear in mind that an Enduring Power of Attorney will allow that person to make financial and / or property decisions for you.
However, you financial attorney will not be able to make personal decisions or decisions concerning your medical condition or lifestyle. These matters are dealt with by separate powers – a medical Power of Attorney to cover situations where medical decisions have to be made on your behalf, and a Power of Guardianship which covers your accommodation and lifestyle issues, including who can visit you when you are no longer capable of making such decisions. Many nursing homes today are requiring clients to have a guardianship power on admission.
Legro Lawyers have the experience and knowledge to ensure that you have the proper powers in place to ensure that your wishes are carried out and that the whole process goes smoothly, by providing you the following services:
- Drafting and updating your Will – remembering you should review your Will every 3 – 4 years to determine whether changes need to be made.
- Drafting Enduring Power of Attorney – a very important document which deals with yoru financial affairs if you become incapable in the future of making such decisions.
- Drafting Medical Powers of Attorney
- Drafting Powers of Guardianship
- Applying to VCAT in respect of obtaining an order for financial administration and / or guardianship
- Guardianship / Financial Attorney disputes
Creating a Will and drafting enforceable Powers of Attorney, whether financial, medical or for guardianship, requires legal expertise to ensure such documents comply with the law – and so you can guarantee your wishes will be met in the event of your passing.
Legro Lawyers are based in Melton and assist clients from all over Melbourne, including Werribee, Hoppers Crossing, Point Cook, Bacchus Marsh, Hillside, Caroline Springs, Rockbank and Taylors Lakes. Your conversation with Legro Lawyers is confidential and our experienced practitioners offer a professional, results-driven, prompt and personable service that is cost effective.
If you need legal advice or representation regarding Wills and Power of Attorney for the first time, or want to try a local firm with city experience, please don’t hesitate to contact Legro Lawyers via the email form on this page or call our friendly staff on 03-9747 9679.