Wills and Probate; Powers of Attorney and Guardianship

A Power of Attorney is a legal document appointing a person or a trustee to manage your financial affairs and assets. A Power of Attorney is useful if you are going overseas, are unwell or immobile, or you need assistance in managing your financial affairs and assets (or may do so in the future).

 

An Enduring Guardian is a person appointed by you to make decisions on your behalf in relation to your lifestyle in the event that you become incapable to manage these decisions for yourself. Examples of matters upon which an enduring guardian can make decisions on your behalf include where you live; and medical treatment you receive. A guardian is appointed when you complete, with your Solicitor, an ‘Appointment of Enduring Guardian’ document.

Both of the above documents are of great assistance in managing your affairs whilst you are alive and well. Blaxland Mawson & Rose can assist you to appoint a Power of Attorney and Enduring Guardian.

 

A Will is a legal document that sets out your wishes as to what is to be done with your assets after your death.

An unambiguous, correctly drafted and current Will that clearly states your wishes is the best possible way to ensure that your assets are dealt with in accordance with your wishes upon your death.
 
Blaxland Mawson & Rose can assist you in drafting a Will that is clear-cut, legally valid and in accordance with your instructions, giving you the best possible chance that your wishes will be followed upon your death.

Sometimes a person dies without leaving a Will or they make a Will not fully understanding what they are doing.  Sometimes family members die unexpectedly without making adequate provision for dependants. If you think proper provision has not been made in a Will please contact us to discuss whether you have grounds for contesting the Will.

 

A Probate application may need to be made after the death of a person

 

Where there is a valid Will made by a person, it may be necessary for the Executor of the deceased (as named in the Will) to apply to the Supreme Court of NSW for a Grant of Probate. We can prepare the relevant documents for you where there is a valid Will and you have been nominated as Executor of that Will. If there is no valid Will, a person interested in the deceased estate may make a similar application to the Court for a grant of Letters of Administration.

 

The Supreme Court then grants Probate of the Will or Letters of Administration. This authorises the Executor to receive the assets of the deceased in accordance with the provisions of the Will and/or to transfer those assets to a beneficiary. Blaxland Mawson & Rose can assist you to carry out your obligations as Executor, and can assist you to make any necessary application to the Supreme Court, and to administer the Estate.

 

 

 

 

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Cooma 6452 1266   Email: info@bmrlawyers.com.au Bombala 6458 3686   Email: bmrbom@bigpond.net.au