A Will ensures that the people you care about receive your assets in accordance with your wishes. We can give you unbiased advice on the best way to arrange your affairs and distribute your estate. We can also assist your executors on what needs to done and the necessary steps to be taken.
Your Will is not affected by separation but upon divorce, any benefit given to your former partner is revoked. We recommend you seek our advice in relation to your Will at the time of your separation or divorce.
We can prepare a Will for you if you’re 18 years old or over, or you’re under 18 and are or have been married.
Appointing an executor
If you have been appointed an executor of an estate we can help you with what needs to be done and prepare the documentation necessary to obtain a Grant of Probate or Letters of Administration and distribute the estate.
Challenging a Will
We can also help you challenge a Will. If you wish to challenge a Will, it must be done within six months of the granting of probate if you believe you have a claim, although the court may grant an extension of time if the estate has not been completely administered.
Powers of Attorney and Advance Care Directives
A Will is legally enforced after your death. Enduring Powers of Attorney and Advance Care Directives however are activated if a person who made them becomes incapacitated. They are like a “living will”; they indicate your wishes for your financial and personal affairs should you become incapacitated.
We can prepare an Enduring Power of Attorney which gives power to a person you choose to act for you in organising your financial affairs if circumstances arise.
Advance Care Directives which enable you to make arrangements for your future health care, end of life, preferred living arrangements and other personal matters supersede the old Powers of Guardianship although Powers of Guardianship prepared before 1 July 2014 are still valid. Advance Care Directives have been designed so you can prepare them without the need for a solicitor’s involvement. Forms can be obtained at a small cost from Services SA. We provide our clients a kit free of charge.