Wills , Powers of Attorney & Guardianship

We are specialist Family Lawyers.

If you are reading this then you are likely considering separation or have recently separated. Did you know that separation in itself is not sufficient to protect your assets from your ex partner or ensure they are not appointed as an executor to manage your estate?

Perhaps you already have a Will which leaves everything to your ex partner …. or perhaps you’ve never had a Will! Either way, updating your Will now will provide you with some certainty and protection.

If you have children you will likely want to ensure that their interest is protected and also put in place any guardianship requests for when you die. You will also want to ensure that you are nominating the right people to take care of your finances and your personal affairs if you die or no longer have capacity. You also want to ensure that your ex is not making medical or end of life decisions on your behalf.

When you separate, it can feel as though there are so many different elements that you need to work through and many uncertainties. Things can at time feel a little out of control. Thankfully, updating your Will and estate documents is a simple and relatively low cost process which you can action immediately.

Most of our Family Law clients also engage us for a fixed fee ‘Peace of Mind’ package where we have these documents put in place to ensure the client’s wishes are legally binding. The Peace of Mind package includes Will, Power of Attorney and Power of Guardianship/Advanced Care Directives. We can also give you guidance on how to ensure that your superannuation nominated beneficiary is updated to exclude your ex partner.

Fequently Asked Questions

Wills

  • Do I need a new Will?

    Chances are that if you are reading this ebook you are contemplating separating or have recently separated. In short, you need to update your Will and this should be one of the first things that you attend to at this time.

    We recommend that you turn your mind to having a new Will drawn at pinnacle times in your life such as the commencement or breakdown of a de facto or spousal relationship.

    Various Estate law in Australia (each State differs) may provide for your spouse or de facto partner to be appointed as an Executor or Beneficiary of your Estate if you do not have a Will. Separation is not sufficient to revoke any Will that you have in place.

    Divorce may revoke any Will but for absolute clarity and to avoid your Estate being distributed under the laws of intestacy, we recommend that you have a new Will drawn on separation. You want to ensure that you are able to appoint not only your beneficiaries but also your Executor (the person responsible for administering your Estate).

    If you have children from another relationship, it is particularly important to have a new Will drawn at the commencement or breakdown of a new relationship if you want to ensure that your children are nominated beneficiaries.

  • Can’t I just draft my own Will?

    Please don’t!

    Will Kits can be purchased online and at various shops. We are not fans of the Will Kits and recommend that you obtain legal advice. The Wills and Inheritance legislation in Australia has strict requirements in relation to the preparation of Wills. If the Will does not follow the strict requirements of the legislation then your Executor may be left with the stress and expense of having to prepare additional documents and swear additional affidavits to obtain a grant of probate from the Supreme Court. Preparation of a legally binding Will is one of the most cost effective measures you can take at this time.

    We have competitive pricing for the preparation of Wills and Estate packages and also have an Estate Package eBook which you may find useful as it provides further and better detail around the importance of updating your Estate documents post separation).

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