As experienced Wills and Estate Planning Lawyers in Melbourne, we can help you record your final wishes in a professional, precise and compassionate way.
A Will is a written document that sets out your requests as to what happens to your property (your ‘estate’) after you die. It gives clear instructions for the person or organisation distributing your property (your ‘executor’) about how this is to happen.
A Will can be made by anyone aged over 18, as long as they have the mental capacity to make and understand their decisions. Our Wills and Estate Planning lawyers have years of experience in Wills and Estate Law, so we can help you record your final wishes and how you would like them to be carried out.
Powers of Attorney are legal documents that allow you to choose who will make decisions about financial and personal matters, if you are not able to make these decisions yourself
At some time in your life you may be faced with changes – such as an accident or illness – that might take away your capacity to make your own decisions about things like:
If you don’t have a Power of Attorney, you may not be able to choose who should make decisions on your behalf, which could lead to conflict over who should take charge of the decision-making process if you lose capacity. As a result, the Victorian Civil and Administrative Tribunal may be asked to appoint an administrator or guardian to help you.
A Power of Attorney can be either a financial Power of Attorney or a medical decision maker, or both. You may choose the same person to be both, or choose a different person for each role. You can also choose whether you wish to appoint an enduring or non-enduring POA, depending on your personal circumstances.
If you lose mental capacity (the ability to make independent, sound decisions), unless you’ve already completed a Power of Attorney form, your loved ones will need to apply through court to become ‘a deputy’. This can be a long, confusing, and expensive process.
By nominating a trusted friend or relative before you lose capacity, you can ensure they work together to make decisions on your behalf.
Here at Melbourne Lawyers & Mediators, our experienced team often hear “Oh, that doesn’t apply to us, we’re too young and healthy!” This is a common misunderstanding. Accidents happen without warning, and you can only create a Power of Attorney when you have the proper capacity. Once you’ve lost capacity, it’s too late.
Probate is a critical legal step required before a person’s estate can be administered and distributed to the beneficiaries. It is a legal document issued by the Supreme Court that certifies that a will is valid and can be acted upon.
A ‘Grant of Probate’ is important because without it, an executor does not have authority to administer the estate. Further, a deceased person cannot hold bank accounts, shares, real property, cash, or superannuation. Therefore, probate is the important process of concluding the affairs of the deceased person.
If a person passes away without a valid Will, validation of their estate and benefactors is completed by applying for a ‘Letter of Administration’. The court needs to approve the most appropriate person to administer the estate. The application is typically completed by the next of kin, or if there is no next of kin willing or able to act, the State Trustees may make the application.
The court usually grants a ‘Letter of Administration’ to:
