Wills, Deceased Estates, Probate & Powers of Attorney

Senferd Lawyers have extensive experience in the area of wills, deceased estate, probate and powers of attorney and extremely good to provide most easiest and cost effective solutions for their clients. We can assist you with.

  • Drafting and updating wills.
  • Preparation probate documents & apply for probate.
  • Assisting executors in estate administration.
  • Prepare Powers of Attorney (General, financial & medical treatments).
  • Safe keeping your will for no charge.
Wills, Deceased Estates, Probate & Powers of Attorney


Will

What is a will? : A will is a legal document that clearly mention your wishes for the distribution of your assets after your death.

Do not have a will? : If you do not have a will, then the intestacy rules set out in legislation will determine how your estate is distributed. This procedure will not follow your wishes. Further, it may also increase the cost of your estate administration, significant time delays and will give an unnecessary burden to your family.

Why have a will? : Having a clear, legally valid and up-to-date will is the best way to ensure that your assets are protected and distributed according to your wishes.

Who can challenge a will? : Any family members or people who share a close personal relationship who will fall undue financial hardship as a result of being left out of the will can make an application to contest the will. This includes a current or former spouse, a de-facto partner, a child or grandchild, a dependent or person who had a close personal relationship with the will maker at the time of his or her death.


 

What do you need to think about before making a will?

  • Choosing an executor/executors (1-5 people) - an executor is the person who is responsible for carrying out the instructions in your will and then distribute the gifts according to the will.
  • Decide who will be appointed as a guardian to look after your child/children until they turn 18 years.
  • Decide who do you wish to give your assets after death. Also, think who you would wish to benefit from your will if your immediate family does not survive you.
  • Provide details to your solicitor with full names & street addresses of people mentioned in the will.
  • You will also need to provide a full list of assets to your solicitor including superannuation, life insurance, trust and business details.


 

Deceased Estate Administration & Probate

Deceased estate administration is the process of carrying out a person's wishers as described in their will and making sure their assets are transferred to beneficiaries after the death.

Senferd Lawyers have extensive experience in the area of maintaining estates during the minority of beneficiaries, liaising with all related parties in the will including financial planners, accountants and institutions to finalize estates according to their terms and wishers.

We can assist you with:

  • Securing the deceased's assets, such as their home.
  • Identifying the deceased's assets & debts.
  • Notifying clubs, organizations and other related parties of the deceased's death.
  • Finding the most recent will that was made by the deceased and apply for probate if needed (probate means proving the Court that the will is the last will of the deceased).
  • Paying debts.
  • Distributing assets to beneficiaries.
  • Transferring property.
  Deceased Estate Administration & Probate


 

Power of Attorney

A power of attorney is a legal document giving another person the authority to make personal and/or financial decisions on your behalf in the event you lose capacity to make those decisions for yourself. The person you appoint to make decisions on your behalf is called your attorney.


Your attorney can be a different person to the executor in your will and you can appoint different attorneys for personal, health and financial matters. It is important to appoint more than one attorney in case your first choice is unable to act. You can appoint your spouse, adult children, family members, friends or trusted professionals as attorneys.


It is important to have a Power of Attorney because in case you lose capacity then an application to a Tribunal may be required to appoint someone to make decisions. This process is costly, time consuming and inconvenient for the incapacitated person and to their family members.


Things you should organize before preparing a power of attorney are:

  • Who will be your attorney/attorneys (consider someone who you can really trust).
  • Who will be your second attorney in case if your first choice is unable to act.