Preparing a Will is one of the most significant decisions you will ever make. We will work with you personally to understand your needs and prepare a tailored Will that meets your requirements.
We also have extensive experience in the preparation of related documents such as Powers of Attorney for Financial, Medical and Guardianship matters.
Your Will and Power of Attorney are likely to be the most important documents you ever prepare. You therefore need to ensure that these crucial documents are meticulously prepared, and accurately reflect your specific wishes.
Our solicitors have extensive and comprehensive experience in dealing with contested matters, such as Will Disputes, Guardianship Applications and other related litigation matters.
For those clients who have mobility difficulties, all of our offices are completely wheelchair accessible. Our flexible and accommodating approach means that we are also able to work over the phone or via email, and arrange home visits in certain circumstances.
We ensure that all advice given is in easy-to-understand English, so you can rest assured that you won’t become confused by any legal jargon or complex terminology.
A Will is a legally recognised document that specifically outlines how you wish your assets to be distributed following your death.
If you pass away without leaving a legal Will, your assets will be distributed according to a generic formula set out under Australian law, rather than according to your personal wishes. This can mean that someone you wanted to provide for may miss out, and others may receive a share that you did not wish them to receive.
Additionally, without a legal Will, you are not able to decide who will administer your affairs upon your passing.
It is vital that you appoint a trusted executor of your will, who will be wholly responsible for ensuring your wishes are carried out upon your passing. Our legal experts can guide you on your choice of executor.
You will also need to list your beneficiaries. A beneficiary is a person who receives a gift under a Will. Usually these persons are close family members, such as a spouse, partner or children.
Generally, you can leave your estate to whomever you wish, however the law provides scope for certain people to challenge a Will if they have not been adequately or appropriately provided for. It is crucial to get professional advice to guarantee that your wishes are followed after your death.
A Power of Attorney is a document which appoints another person (the attorney) to make decisions for you if you are unable to do so.
An Enduring Power of Attorney (Financial) appoints an attorney to make financial and legal decisions for you. You can nominate when this power is to commence, and place specific restrictions on this power.
An Enduring Power of Attorney (Medical) appoints an agent to make any decisions regarding your medical treatment in circumstances whereby you are unable to do so yourself.
If you have not previously appointed an attorney and you become incapacitated or incapable of managing your affairs, an application must be made to the Victorian Civil and Administrative Tribunal to appoint an Administrator or Guardian.
Not only can this process be highly stressful and costly, it could also result in someone other than your preferred person being appointed to manage your affairs.
Improperly prepared Wills and Powers of Attorney are a source of great anxiety, stress and ultimately cost to loved ones, at a time when they are least able to properly deal with the issue.
Appropriate planning and considered preparation of a legal Will and Power of Attorney will greatly reduce the strain on loved ones at an understandably difficult and emotional time.
At Le Brun & Associates, we consider our role to continue even after you have completed and signed your Will or Power of Attorney.
We are always happy to further advise and make any required amendments to your Will or Power of Attorney, if your circumstances change for any reason.
Our legal experts are able to assist in advising your Executor or Attorney about their rights and obligations with regard to administering your affairs upon your passing.
We can also retain original documents for you, free of charge, so that you can be content in knowing that they will not be lost or destroyed, and that your wishes can be followed.
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