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Wills & Powers of Attorney: How Prepared Are You?
Preparing for your family’s future
No-one wants to think about death in the prime of life. But it’s important to decide what will happen to your assets when you die. Find out how you can give instructions to your family about your legal and medical preferences should you fall ill or lose the capacity to make those decisions yourself.
Wills
A will takes effect when you die. It can cover things like:
Your will can be written and updated by private trustees and solicitors, who usually charge a fee. There is no charge if you get the Public Trustee in your state to prepare or update your will. You may be charged, however, after you die, if they act as the executor of your will.
You can also buy a will kit from Australia Post, but it’s a good idea to ask a solicitor to review your will to make sure everything is in order. If a will isn’t signed and witnessed properly, it will be invalid.
Keep your will valid and up to date as your legal rights change, specifically if you:
If you die intestate (without a will), the government pays your bills and taxes from your assets, then distributes the remainder, based on a pre-determined formula; certain family members receive more.
If you die intestate and don’t have any living relatives, your estate is paid to the state government.
Estate Plans
An estate plan includes documents that govern how you will be cared for, medically and financially, if you become unable to make your own decisions in the future. It includes your will as well as any other directions on how you want your assets distributed after your death.
You must be over 18 and mentally competent when you draw up the legal agreements that form your estate plan. Key documents might include:
If you have made a binding nomination in your super or insurance policies, the beneficiaries named in those policies will override anyone mentioned in your will. If you have a family trust, the trust continues and its assets will also be distributed according to the trust deed, no matter what is written in your will.
You should ask a legal professional to check your estate plan. A good estate plan should minimise the tax paid by your heirs, and eliminate any family squabbles.
Powers of Attorney
Appointing someone as your power of attorney gives them the legal authority to look after your affairs on your behalf.
Powers of attorney depend on which state or territory you are in: they can refer to just financial powers, or they might include broader guardianship powers. You will need to check with your local Public Trustee.
Generally speaking, there are different types of power of attorney:
You can prepare a few other documents to help your appointees and family as you grow older, including:
The documents you choose to draw up will depend on your unique situation, and the responsibilities you are happy to entrust in others. Get legal advice if you are not sure.
Choosing your power of attorney
Try to nominate people that you know are trustworthy, financially astute, and likely to be around when you need them.
Your legal and financial housekeeping
Once your paperwork is in order, a simple thing you can do – to help your executor and family – is to list the legal documents you have.
It can also help you to keep a record of your personal information and notes on how your legal documents, assets and investments are arranged.
Here is a list of key documents to keep:
A good will and estate plan can help make sure your wishes are carried out after you die, or if you are no longer able to make your own decisions.
For more information on wills and powers of attorney, please contact us.
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If you have any queries in relation to the above information, please do not hesitate to contact us on (02) 9264 9688.