Estate Planning
We understand that preparing for the future is important, not only for yourself but for your family. We also understand that the passing of a loved one can be a very difficult and trying time for families, and we are here to help ease that burden. We can help you with:-
We are strong advocates for our clients, but above all we treat our clients as individuals
Preparing, interpreting and/or advising on wills for singles and/or couples
Advice for Enduring Powers of Attorney, Medical Treatment Decision Maker, or Guardianship documents
Assistance with Advanced Care Directives
Binding Death Benefit Nominations for Self-Managed Superannuation Funds
A Will is a written document that specifies what will happen to your property or your “estate” after you die. This can include real estate such as your house or apartment, your motor vehicle, your financials (such as your cash, superannuation, bank accounts, fixed deposits, or investments), your personal belongings such as furniture and or your personal effects such as jewellery.
A Will allows you to specify who has the authority to collect your estate and distribute your estate as per your wishes (known as the Executor).
It is advisable for you to make a Will so that your wishes are met as to how your estate is passed on and who has the authority to deal with your estate. If there is no Will, then your estate is distributed according to the law, which may not be what you want.
While a person can draft their own will or use a “will kit”, it is important to note that these can lead to mistakes or poor drafting of the Will. This can ultimately lead to the Will being invalidated or contested.
A Will can be contested for example, in instances where the testator lacked testamentary capacity, the Will was executed under undue influence or where the Will was executed incorrectly.
Therefore, your Will should be carefully drafted as it deals with numerous considerations, such as your dependents, assets, businesses, beneficiaries, legal compliance with the law as well as considerations of marriage, separation, divorce, and death. A properly drafted Will by a lawyer can help minimize the possibility of the Will being contested.
Eve Legal can assist you in drafting your Will, including reviewing and or amending an existing Will to minimise the possibility of it being contested. Our lawyers are well-versed on the legal requirements of a Will and what should be addressed in a Will, so that there is no unwanted litigation down the road.
Get in touch with us at 0402 03 9010 or email us at info@evelegal.com.au for more information.
A Power of Attorney is a legal document that appoints someone to make decisions on financial and legal matters (the attorney) on your behalf (the principal) when you are unable to make those decisions yourself.
There are two types of Power of Attorney: A General Power of Attorney or Enduring Power of Attorney. The key difference between the two is that a General Power of Attorney only lasts for a specific amount of time and ceases to have effect when you lose the capacity to make your own decisions. An Enduring Power of Attorney continues to have effect even after you lose the capacity to make your own decisions.
Guardianship is different from a Power of Attorney. If a person is concerned that you are having difficulty making decisions about personal matters, they may ask VCAT to make an order. This could be a family member or a support worker.
If VCAT determines that you are able to make personal decisions with assistance, VCAT may appoint a "supporting guardian." A supportive guardian cannot make decisions for you. However, they can help you make and carry out your own decisions in personal matters. VCAT can only appoint a supportive guardian if you agree.
Our lawyers at Eve Legal can advise you on which document is most suitable for you. We can also assist in drafting and or reviewing your Power of Attorney or VCAT Guardianship application, in order to properly protect your interests. Get in touch with us today to know more information.
This document allows adults to record their wishes for future treatment if they have lost decision-making capacity. A person may record general statements about their values and preferences, or statements agreeing or refusing certain types of treatment including life-sustaining treatment, to guide future treatment decisions.
A statutory Advance Care Directive must also meet formal requirements of legislation.
A BDBN is a direction to the trustee of your superannuation fund to pay your death benefits to one or more eligible beneficiaries, or to your estate.
The BDBN overrides the trustee's decisions so that benefits are paid as per your instructions and not at the trustee's discretion.
A retirement pension does not automatically become part of your estate, so without a BDBN, the beneficiaries of your super benefits would otherwise be decided by the trustee based on the terms of the trust deed and relevant law at the time of distribution.
If you or someone you know wants more information or needs help or advice, please contact our firm.
Speak with our expert and devoted lawyers today.
