We can act on behalf of the Estate in administering the Will, obtain Probate, including deal directly with the banks, superannuation funds, financial institutions, as well as attending to payment of all creditors and administer the Estate in accordance with the terms of the Will.
Please do not hesitate to contact us if we can be of assistance.
Sometimes a person may feel as though they have been wrongly or inadvertently left out of someone's Will (usually a parent, spouse or partner). In certain circumstances a person may be able to contest a Will so that the Court will order that provision be made from the estate for the person who has not otherwise been provided for in the Will.
Simply because a child has been left out of a parent's Will does not automatically mean that they will be successful if they challenge the Will. The child may already have been adequately provided for during the parent's lifetime or there may be some specific reason as to why provision was not made for them in the Will. However, if you feel that you may have been left out of a Will but may have a right to claim on another's estate please contact us. We can advise you whether you have a legal claim against the estate and if necessary act on your behalf in any proceedings.What is an Enduring Power of Attorney?
An Enduring Power of Attorney is a legal document whereby you give someone else the power to make decisions on your behalf. The word "Enduring" simply means the power continues even if you lose capacity to make decisions for yourself. Why give someone this power?
There are two main reasons why you might give someone this power (normally a spouse, adult child or sibling).
The first reason is convenience. You may be away from home or out of the country when important documents need to be signed (eg. the sale of a property, selling shares or other assets, buying a property or similar.) If something needs to be signed your Attorney can do this on your behalf in a legally recognized and binding manner.
The second reason may arise in the unforeseen event that you suffer a serious illness or injury that affects your ability to make decisions for yourself about your financial and personal matters. For example, if you are involved in a car accident or suffer a major medical illness that leaves you in a coma or otherwise unable to communicate. If this happens, the obvious question becomes: Who is going to handle your affairs whilst you recuperate? However, if you have executed a Power of Attorney these decisions can be determined for you as your Attorney will be legally authorized to handle your affairs whilst you are unable, including paying your bills, disposing of assets and so forth.
By signing an Enduring Power of Attorney you can ensure that your wishes will be carried out, even if you lose the capacity to make decisions for yourself. How long does the power Continue?
The power continues until your death or until you revoke it. Should every person give a Power of Attorney!
At Donnelly & Associates Lawyers, we believe that to ensure peace of mind about what will happen if the unforeseen occurs in your life or that of your husband/wife, and so that each of you is aware of the others wishes, married couples should exchange Enduring Powers of Attorney in order to prevent difficulties arising in the event that one partner becomes seriously ill or incapacitated or is away from home for an extended period. If you don't have a spouse, or life partner, a family member or trusted friend can be appointed. Advanced Health Directive
The power conferred on a person by way of an Advanced Health Directive is derived under the Powers of Attorney Act 1998 (Qld). According, to the Queensland Department of Justice and Attorney-General:
"Every competent adult has the legal right to accept or refuse any recommended health care. This is relatively easy when people are well and can speak for themselves. Unfortunately, during severe illness people are often unconscious or otherwise unable to communicate their wishes-at the very time when many critical decisions need to be made. By completing this Advance Health Directive, you can make your wishes known before this happens." What is an Advance Health Directive?
An Advance Health Directive ("AHD") is a document that allows you to let people know your wishes for your future health care in the event that certain medical conditions arise eg stroke. An AHD only becomes operative if you become unable to make your own decisions or are terminally ill. Who Can make an Advance Health Directive?
Generally, anyone over the age of eighteen who is of sound mind and capable of understanding the nature of their directions and foreseeing the possible effects of those directions can make an AHD. What things should I Consider Before Making an AHD?
At Donnelly & Associates Lawyers, we advise our clients to think very carefully about what they want their medical treatment to achieve if they become seriously ill. For example some people do not want to undergo medical treatment that prolongs their life if the treating doctors advise that severe brain impairment has occurred following some sort of accident. Generally, the types of questions to consider include the following: |
Making or changing a Will