Estate planning and administration

No one likes to think about getting sick or dying, but it’s important to be prepared. We can help with making and updating Wills, setting up enduring powers of attorney, and administering estates after a death.

Wills

Your Will is possibly one of the most important documents that you will ever make – it sets out what you want to happen to your property and who will take care of any dependents after you die. Family and financial circumstances can make Wills quite complex, and a well-planned Will can give you peace of mind.

We can give you advice on:

• the roles involved
• who you need to provide for
• what happens if a beneficiary dies before you
• how to omit someone from your Will.

It’s important to review and update your Will as your circumstances change.

Enduring powers of attorney

An enduring power of attorney is a document that sets out who can take care of your personal or financial matters if you can’t.

There are two types:

• an enduring power of attorney for property, which covers things you own, like your house, bank accounts, investments, shares, mortgages and loans
• an enduring power of attorney for personal care and welfare, which gives someone the authority to make decisions about your health and welfare if you’re unable to because of an accident, illness, or age-related disease.

We can give you advice on:

• which documents you might need
• making an application to the Court if you need to appoint a property manager or welfare guardian for someone who has become unable to take care of these things on their own
• the requirements for review of a property manager or welfare guardian, once they’re appointed.

Estate administration

Estate administration is the process of collecting and managing someone’s assets after they die, paying any debts and taxes, and distributing the remaining property to their heirs.

As well as being a difficult time for family and loved ones, it’s a complex area of law and the process can take some time to complete.

We can give you advice on:

• the process
• the roles, rights and obligations of the executor, trustees and beneficiaries of the Will (if there is one)
• the process of appointing an administrator if there isn’t a Will, or the Will is defective
• whether probate is required
• the expected time to complete administration.