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Wills and Power of Attorney

It’s natural to worry about who will take care of your affairs in cases of serious illness, or what happens to your assets in the event of your death. By ensuring you have an up-to-date and valid Will and Power of Attorney/Guardianship in place, you can gain certainty and peace of mind that you and your loved ones will be taken care of according to your wishes.

 

Speak to our team of estate lawyers to create a plan that protects your assets and your family

Creating a Will

Proper Estate Planning is one of the most important financial steps you can take and one of the most important aspects of this is the creation of a legal Will. Not everyone’s circumstances are the same so everyone’s Will is going to be different.

Your Will is a legal document that records your intentions regarding how your property, finances, and belongings should be distributed amongst your family, friends, and community in the event of your death. No other document can legally recognise your intentions in this way, making your Will one of the most important documents you will ever sign in your life.
Careful and considered preparation of your will by an experienced solicitor will ensure that your wishes are documented accurately. A good solicitor can also provide guidance and advice to ensure you understand exactly how this document will impact the people close to you in the future.

In some circumstances, it may be appropriate to prepare a Testamentary Trust to ensure that your assets are adequately protected for your beneficiaries. This is a complex area of estate planning that requires careful and considered advice.

If you’ve never had a will, or need to update your will due to significant changes in your life such as marriage or divorce, the addition of children to the family, changes in finances, or serious/terminal illness – our experienced team of wills and estate lawyers are here to assist you. 

Enduring Power of Attorney and Enduring Guardianship

It is equally important to appoint someone to make decisions about your affairs on your behalf, in the event that you are no longer capable to do so yourself.
Enduring Power of Attorney and Enduring Guardianship are legal documents that nominate a trusted person to make legal, financial, medical, and lifestyle decisions on your behalf should you be incapacitated or otherwise unable to do so.
Properly prepared and executed Enduring Power of Attorney and Enduring Guardianship documents will be explicit in expressing your distinct wishes and ensuring your best interests are protected. You can specify what kind of decisions your guardian can make and you can also direct your guardian on how to carry out those decisions.

Our team of experienced Wills and Estate lawyers will advise and guide you through the Enduring Power of Attorney and Enduring Guardianship appointment process with care and consideration, ensuring your wishes are formally recognised through these documents and that you completely understand the terms to which you are agreeing.

Pricing Guide

Simple Wills ($330.00 inc GST): Standard Husband & Wife Wills with gifts to each other, their children, and grandchildren.

Enduring Power of Attorney ($330.00 inc GST)

Enduring Guardianship ($330.00 inc GST)

Complex Affairs: For more complex circumstances involving Testamentary Trusts, companies, business partnerships, blended families, etc – fees will be determined following a review of the estate’s assets and discussion with the client.

Speak to our team of estate lawyers to create a plan that protects your assets and your family

Contesting Disputed Wills

In accordance with the Succession Act 2006, eligible persons have the right to seek further provision from the deceased person’s estate – if they can prove they have not been provided for adequately. If the Court rules in their favour, this can result in the person becoming entitled to, or given a larger portion of the estate’s assets than they were given in the original Will.

An eligible person is generally a spouse, de-facto spouse, or child of the deceased but can also be any member of the household who was considered a dependant.

Common reasons a Will may be contested include

  • A person feels unfairly treated in the distribution of the estate
  • The deceased did not have the mental capacity to understand the content of the Will
  • The deceased was coerced in the writing of the Will
  • The Will is fraudulent
  • The Will does not abide by legal requirements
  • Multiple Wills were created over a short period of time
  • The Will was changed or amended after it was signed
If you believe you have been unfairly treated in the division of assets from the estate of a deceased loved one, it is important to seek experienced and considered legal advice as soon as possible.
Our team has worked for clients in many contested Wills, on behalf of excluded or underrepresented beneficiaries, as well as estate executors. We understand that disputing a will can be a highly stressful and emotionally charged process. We take a compassionate and personalised approach, providing realistic, honest, and level headed legal advice to our clients
Speak to our team of estate lawyers to create a plan that protects your assets and your family

Experienced Wills solicitors for certainty and peace of mind

Our team of wills and estate law specialists are here to help you plan for the future. We help you ensure your final wishes are met and that you and your loved ones are taken care of.
Our commitment to compassionate and professional advice, along with our dedication to the careful and considered preparation of your legal documents, means you can rest assured knowing that your estate is in order when the time comes.

Our Solicitors are here to assist with

  • Assistance with Letters of Administration
  • Drafting or updating of Wills
  • Contesting disputed Wills
  • Drafting or revoking of Powers of Attorney
  • Drafting or revoking of Enduring Guardianship
  • Applying for Probate
  • Assistance with Family Provisions claims

With offices in Newcastle, Toukley, Maitland, Edgeworth & Port Macquarie our team are here to help you with affordable and approachable estate planning services.

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