About Wills and Powers of Attorney
A Will is a written legal document in which the Testator (the person making the Will) sets out how they wish their property to be distributed after their death. The Testator must appoint one or more persons as Executor in their Will. The Executor is responsible for following the Testator’s wishes in relation to distribution of their Estate to the Testator’s Beneficiaries.
A valid Will has several legal requirements, including that it must be in writing, and it must be signed by the Testator in the presence of two witnesses who are not beneficiaries under the Will. It is also vitally important that the Testator has legal capacity – that is, they have full understanding they are making a Will and the consequences the Will shall have.
An Enduring Power of Attorney (EPAs) is a legal document that gives a trusted person (or persons) power to act for you and make legally binding decisions on your behalf, generally when you do not have capacity. EPAs are important because in the case of an accident or illness that causes loss of capacity (your ability to fully understand the nature and consequences of the document you are signing), a trusted person (or persons) can manage your affairs, including your day-to-day and personal care, health matters, financial matters, and similar.
Drafting a Will can be a minefield. As a Will is a legal document, its wording can have unintended consequences if it is ambiguous or otherwise open to legal challenge. Therefore, it is wise to seek legal help to draft your Will, to ensure your wishes will be carried out as you desire.
Our Wills and EPAs carry a fixed fee for a simple Will and EPA – currently $660 inclusive of GST for each Will and $440 inclusive of GST for each EPA. If you wish to have a Will and EPA drafted concurrently, we will only charge $880 inclusive of GST total. If your circumstances and requirements are more complex additional charges may apply.
Our process for Wills & Power of Attorney claims
We ask you to come in for an initial comprehensive appointment that may last 60 to 90 minutes. During this meeting, we discuss your wishes and how they may be best met in accordance with the law. We take extensive notes, including evidence of your capacity. We may ask you to obtain and send through further information for us – for example, a copy of the Title of your house.
Letter of advice and production of draft Will/EPA
We shall send you a detailed review of our meeting with you, along with a draft of your Will and/or EPA that we have prepared in accordance with your wishes. We invite you to correct or modify any information in your Will and/or EPA.
Execution of Document
Once you are fully satisfied with your Will and/or EPA, we ask you to make a further appointment at our office, where we will ensure you fully understand your documents and help you execute (sign) your documents.