Powers of Attorney, Wills, Estate Planning and Administration

Powers of Attorney
A Power of Attorney is a document in which you can appoint a trusted person or persons to make decisions for you in a range of circumstances.

Some circumstances may be:

  • If you are overseas, and need someone to look after your financial affairs whilst you are absent
  • Can authorise a particular person to buy and sell property or particular items on your behalf
  • An attorney can make decisions relating to your personal/health and financial matters in the event that you are unable to make decisions yourself for whatever reason (temporary or permanent incapacity)
  • Advance Health Directive – giving a specific direction to your attorneys and treating medical practitioners as to what sort or treatment you want

Wills
“If you do not have a will, you have one less day to worry about it”
Peter M Williams.

People need to be confident that when they pass away, their wishes are carried out as they intended.

Having a will setting out your intentions will direct how your estate is managed, distributed and finalised.

Home-made wills may prove to be a problem as they may not clearly set out what you are trying to achieve. A mistake in drafting can have severe and costly consequences in the carrying out of your wishes.

There are number of events that can impact upon your will (e.g. marriage and divorce).

There is no “standard” will, as each one of us has different needs and wants.

We at Williams Lawyers will help you in making a will to meet those needs and wants.

There are numerous issues in which a person making a will, may want to consider:

  • Protection of assets for the beneficiaries, particularly in blended-family situations
  • Expressing what, how and to whom, you intend your property to be distributed
  • Guardianship of children
  • Expression of wishes (how you would like your children to be raised, educated etc)
  • Charitable donations
  • Organ donations
  • Funeral arrangements

Our service includes the preparation of simple and complex wills and discretionary testamentary trusts.

If you die without a valid will, your wishes may not be carried out and your estate will be distributed in accordance with the rules of intestacy.

Estate & Succession Planning
Estate planning is not simply a matter of preparing a will or a trust, but it requires a careful review of all your property (assets and liabilities) and your family situation. It is a life long process that utilises a variety of different tools and professional know-how.

Estate planning involves three main objectives:

Accomplishing your personal family goals
Easing the management of your estate
Minimising taxes
There are a number of people who are involved in the process of estate planning, including your lawyer, your accountant, and your financial advisor.

When planning your Estate the following issues may be of importance to you:

  • If you own a business, is the next generation interested in the business, do you want to keep the business for the family or should it be sold ?
  • Do you want to treat all children / issue equally ?
  • What financial arrangements do you have planned for your retirement ?
  • Do you want to protect your estate from unnecessary taxes, family maintenance claims and / or bankruptcy claims ?
  • Do you want to have any social security entitlements for yourself or spouse affected  ?
  • Do you wish to provide adequately for your spouse and dependents ?

Email to contact a member of our Wills & Estates team:
mail@williamslaw.com.au

 

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