Wills & Estate Planning

Wills and Estate Planning

Estate planning is an important legal task required to plan for your family’s future after you’re gone. Having a legally binding Will and estate planning are important steps in ensuring your intentions are carried out after you are gone and your family does not suffer any unnecessary stress. Our Gold Coast Wills and Estate Planning lawyer can assist you to ensure your family and loved ones do not experience additional stress after you are gone.

If you take the time now to make an effective legally binding Will, you can save your family not only stress but money in what will undoubtedly be a difficult time for them. So what happens if you don’t have a valid Will at the time of your death? In this event, you are said to have died intestate. This means that:

  • Your estate will be distributed in accordance with the Succession Act 1981 (Qld);
  • Your estate may not be distributed in accordance with your wishes and intentions;
  • Potentially, there may be conflict between your family members in regard to the distribution of your estate;
  • It may take more time and money to administer your deceased estate.

At Avuri Lawyers, we know the importance of proper estate planning. Our Gold Coast Wills and Estate Planning lawyer will take the time needed to talk with you about your intentions and offer practical, cost-effective advice.

Avuri Lawyers can help:

  • Advise you in regard to estate and Probate laws
  • Write a will that maximises the inheritance for your family
  • Set up family and testamentary trusts
  • Advise you in regard to choosing executors and guardians
  • Minimise the chance your will is contested and subject to litigation
  • Safely store your will and other important legal documents

At the same time as considering your Will, we recommend you also put in place plans for any future incapacity through Power of Attorney and Guardianship documents. This will ensure that if you somehow become unable to make decisions about your finances, your medical treatment or living arrangements then the person or persons who you trust to make these decisions can do so unhindered.

Powers of Attorney

There are three types of documents used in Queensland to appoint others to make certain decisions on your behalf:

  • General power of attorney
  • Enduring power of attorney
  • Advance health directive

Powers of attorney are legal documents which enable someone to appoint another person to make decisions regarding financial and or personal matters for them under certain circumstances.

A general power of attorney is a legal document giving 1 or more people you nominate specific authority to make financial decisions on your behalf. This power to make decisions for you stops if you lose the capacity to manage your own affairs. A general power of attorney is most often used for commercial transactions.

An enduring power of attorney continues in the event you are unable to manage your affairs and covers both financial and personal or health decisions. If you have an accident or illness and are unable to make decisions for yourself, an enduring power of attorney gives decision making power to the person you have nominated.

The kinds of decisions your attorney can make include:-

  • Financial attorney: paying bills, dealing with Centrelink, taxation, investments, legal matters and property management
  • Personal / health attorney: your living arrangements, your health care, your diet and dress.

Advance Health Directives

In Queensland, Advance Health Directives help you plan the medical treatment or health care you want to receive in the event you are too ill to make these kinds of decisions for yourself. You can specify exactly what treatment is acceptable to you and what treatment is not, or you can appoint an attorney you trust to make these kinds of decisions on your behalf. You are also able to make other information known to medical staff through this document, such as allergies to medication or religious beliefs which impact on the types of treatments acceptable to you.

It is a good idea to have both an Advance Health Directive and a Power of Attorney in place.

Call us today on 0402 912 962 or contact us to make an appointment with our Gold Coast Wills and Estate Planning lawyer.