Estate Planning Lawyers located in Sydney’s inner west
It’s not something we like to think about, let alone plan for — our own death or the passing of a loved one. However, having the right legal framework in place to manage issues around death can prevent putting additional strain on already difficult times.
Planning ahead for peace of mind now
We encourage you to draw up an estate plan so you can be certain a level of security exists for your family and loved ones after you’ve passed.
Our team of specialised lawyers will provide you with the right advice in plain language and with the sensitivity these topics deserve.
You’ll be made aware of your estate options so you can make the right choices.
Estate planning made simple
Estate planning is an ongoing process, and essentially involves running through these three questions periodically or as your circumstances change:
Question: Do you have a valid will?
A will is a formal legal document that outlines how you wish for your assets to be
distributed after your death. Having a valid will means you can be sure your wishes will be honoured.
We can discuss your wishes, provide you with in-depth legal advice based on your particular circumstances and draft a will that is both valid and up to date.
We can also give you advice about the possibility of claims being made against your estate by third parties, and how to best protect your assets.
For your convenience, we can take your instructions and draft your will during a single appointment or visit to your home.
Even if you already have a will, it may be time to review that will. Buying houses, adding to your family and other circumstances may mean your will no longer reflects your wishes.
If you don’t have a valid will, your estate will be distributed according to intestacy laws. This means your estate may be handled by someone you didn’t choose and your assets may be distributed against your wishes.
Question: Do you need a Power of Attorney?
A Power of Attorney is an increasingly vital part of estate planning.
There are two types of powers:
- A General Power of Attorney appoints and authorises a person or persons to manage your financial and legal affairs while you are still living. This document is quite flexible, allowing you to indicate when the appointment is to operate, what power the attorney has, and whether attorneys must act jointly or independently when there is more than one attorney.
- An Enduring Power of Attorney operates the same as a General Power of Attorney except it continues to operate if you lose your mental capacity.
We can provide you with in-depth legal advice about the suitability of a power of attorney in your circumstances.
For your convenience, we can take your instructions and draft your Power of Attorney during a single appointment or visit to your home.
Question: Do you need an Enduring Guardian?
An Enduring Guardian is a legal document that appoints and authorises a person or persons to manage your welfare and lifestyle affairs even when you lose mental capacity. That person can then make decisions in relation to where you live, and the type of care and medical treatment you receive.
You can stipulate your wishes in relation to things such as the use of life-support and funeral directions in the document. However, it’s the guardian who will ultimately make decisions regarding medical treatment.
Given the massive responsibility granted to a guardian, you should think carefully about whether to appoint one and who to appoint. Someone who is over the age of 18 years who you completely trust – for example a spouse or close family member – may be a suitable candidate for appointment as your guardian.
We can provide you with in-depth legal advice about the suitability of an Enduring Guardian in your circumstances.
For your convenience, we can take your instructions and draft your Enduring Guardian during a single appointment or visit to your home.
We can also help you with administering an estate and estate litigation
We understand that it’s an extremely difficult time when a loved one passes away.
Our highly experienced, skilled and sensitive team can assist in obtaining Probate or Letters of Administration and guide you through the other steps in administering an estate.
If you haven’t been provided for, or have been inadequately provided for, under a will you may be eligible to make a ‘family provision claim’ on the deceased person’s estate. We can assess your situation and give you honest advice about your legal rights.