Our team is well versed in this complex area of law that many people take for granted. In these times when most people have superannuation entitlements and very often more than one marriage, you need expert and technical advice about how you should deal with your affairs in a way that will bring about the result that you want. Too often what you think will happen once you die does not happen. Our team will help you as they care about what you want and will respond accordingly. If a Will is involved in a contest or challenge, our team can guide and advise you about the best course for you to follow.
Privacy is very important. While you are living, only you and your authorised representative can access details about your will.
How will my family be able to search for my will upon my death?
It is important to tell your family, and your executor, if you have made a will, and where the original is stored.
Estate Planning is a way of ensuring that, after your death, your estate is passed on to your beneficiaries in the most financially efficient and tax effective way possible. It will also assist in avoiding the possibility of your next of kin suffering any adverse financial consequences, and minimise the risk of family disputes about who will receive a benefit from your estate.
Whether you require an estate plan, and what type of plan, depends on your family financial situation. We look at how you can get the most use and enjoyment out of your assets while you are alive, as well as providing for your nominated beneficiaries.
When a person dies, their instructions for dividing up and passing on their estate are given in a will. It is important that your will not only sets out your wishes in clear terms, but it is valid and legally enforceable. Your will also contains your choice of executor, whose job it is to administer your estate.
Often an Executor will need help from a solicitor to help administer the estate. Some Wills even appoint a solicitor as the Executor. The solicitor's professional duty is to help the Executor carry out his or her duties in the estate in accordance with the law and the terms of the Will.
Life is often complicated and does not always go the way we would like. Sickness, accidents, even being out of the country can be a problem when decisions concerning your affairs need to be made.
By appointing a trusted family member or personal friend as your attorney, you can cover any eventuality and ensure that your financial affairs and those of others who may be affected are properly managed of in the event that you are unable to do so yourself.
Creating an Enduring Power of Attorney is a logical step to take.
Do you have someone you can trust to make health care and lifestyle decisions for you if you become severely incapacitated?
Enduring Guardianship authorises someone to make those difficult decisions that you would usually want to make, but are prevented from doing so due to a lack of capacity. Your Guardian can authorise consent for medical treatment, health care decisions and other decisions including admission to a nursing home.
Not every person will need to appoint a Guardian, however, we are able to provide the appropriate legal advice to suit each individual's needs.
In some situations a Will can be challenged after a person dies. If the Will is valid and a person believes they have not adequately been provided for, they can make an application to the Supreme Court after the death of the person who made the Will. Only limited classes of people can challenge a Will, and time limits apply.
It is important to ensure that your Will is correctly made and to obtain legal advice in order to avoid or reduce the possibility of any possible challenges to your Will. The lawyers at MCW have the experience to give that advice.