Wills, Succession and Estates

Carneys Lawyers can advise you on the best way to manage your affairs and to prepare an effective Will, Power of Attorney and Appointment of an Enduring Guardian. We can also discuss the appointment of an Executor, the position of blended families, insurance and superannuation entitlements and also prepare testamentary trusts. We are experienced on all matters involving probate applications and estate administration. We work quickly so that the assets in the estate can be sold or transferred with monies passed across to beneficiaries without undue stress and delay.

We can advise people in relation to challenging a will where they believe that no proper provision has been made for them. We can also act for people, or for an executor to resist such claims. We are experienced in the use of Testamentary Trusts and estate planning.

Will

A will is a legal document that plans and sets out the distribution of a deceased individual’s estate. This constitutes an area of law that can be complex and nuanced. Drafting a will requires a meticulous approach in which we are experienced. Improperly composing a will can cause a plethora of issues in the future, possibly inciting a need for probate (involving further time and costs) or eliciting emotional and financial distress.

Why create a will?

• To control clarity and specificity regarding estate distribution
• To appoint future guardians and trustees for the care of your children
• To simplify the process of those desired to inherit your assets
• To appoint an executor to manage your estate affairs
• To avoid requiring the acquisition of probate and other legal challenges
• To reduce taxation costs in relation to your estate.

Power of Attorney

A Power of Attorney is a legal document in which you can nominate an individual to manage your financial and legal affairs on your behalf (appointing an attorney).

Why create a Power of Attorney?

A Power of Attorney can be useful in cases where you predict you will be unable to manage your financial and legal affairs, such as when: –

• You are away from home and unable to easily manage your financial and legal matters, e.g., when on holiday or on business;
• You are ill and/or injured and have lost capacity to make decisions; or
• You would prefer to have someone more qualified to manage your financial or legal affairs.

Why is this important?

In the absence of a Power of Attorney, a Court or Tribunal will be in charge of selecting someone to manage your finances if necessary.