Menu
Input your search keywords and press Enter.
There are a lot of myths about preparing for death and future ill-health. Many of these myths can cause unnecessary grief and hardship for the people you care about. But if you put in place clear and effective legal documents that have been properly
prepared, you can be confident that your nearest and dearest will be best-positioned to cope. Your future planning should be based on fact, not myths.
There are always legal aspects to future planning. Keeping legal matters simple requires careful and informed planning which is best done when we are healthy and well enough to make informed decisions and plan for certain things like death, and
uncertain things such as ill-health or loss of mental capacity.
Planning for future events like death and incapacity is not as confronting as you might think. Solicitors who specialise in this area can give advice about your options, the consequences of your choices, and solutions to difficult planning problems. This
can take a huge load off your mind when you are considering getting your affairs in order.
Most people find that once they have seen a solicitor about the options available and they have an informed plan in place, backed up by properly prepared documents like a will, advanced health directive, and enduring power of attorney, a weight of
worry is taken off their shoulders.
Advance Health Directives are documents where you record your directions about your future care. You can be sure that you will only get the treatment you want. You can also choose in advance the trusted people who will make decisions for you if you are so sick at some time that you are not capable of making decisions about your money matters, and your personal and health matters.
An attorney is not a lawyer, but is a trusted person you have selected to make sure your bills are paid, and your money is protected. An attorney can also make decisions about where you live, what health treatment you receive, and make sure you are being properly looked after if you are so unwell that you can no longer make those decisions for yourself. It is vitally important that your Enduring Powers of Attorney document be drafted especially to meet your individual circumstances. An experienced solicitor can identify risk and advise you about ways those risks can be accounted for. Additionally, a solicitor can ensure that your Power of Attorney is effective to arm your attorney with the powers you want them to have when your attorney is making decisions for you.
You can facilitate the cost-effective administration of your estate by recording important details such as the location of your will, and details of your assets and liabilities. That will be of significant benefit for your executor who might otherwise have to search through your personal papers or, worse, try to find out how to get into your computer to access your email account. Many bills are sent by email, and once your bank account is “frozen” your invoices will go unpaid. That is not helpful for family or friends who live with you.
You can assist your family by leaving information about the type of funeral you desire, including details of the arrangements you would like, such as whether you wish to have a church service or a wake. If you have a strong wish, it is preferable that you tell your solicitor when you are making your will and tell your loved ones in advance. Your solicitor can draft appropriate provisions in your will regarding your funeral, including your preference or choice relating to burial or cremation.
You can help your executor and your family by writing down a list of your assets and liabilities, and your accounts including usernames and passwords. It is also helpful to ensure your executor knows where to find your original will and a copy.
For many people, funeral pre-planning has become an extension of the estate planning process. It is simply one more thing they choose to take care of as they plan for retirement and the next stage in their lives.
Choosing to pre-fund funeral arrangements is another way in which people can protect their families as it can mean locking in the cost of the arrangements at current prices.
You can choose in advance who will represent you after your death by having a will. Wills are important legal documents. They are the best way of putting in place your wishes, and to ensure that what you want to happen after you die does happen. Every person has different family relationships, and different needs, assets and liabilities. As many as fifty percent of people in Australia die without a will. That means their estate is dealt with by a set of government rules. Those rules work in some situations, but they cannot possibly fit all.
The best way to ensure that what you want with your property after your death actually happens, is to have in place a will that has been prepared just for you.
A will that has been prepared especially for you is more likely to fulfil your intentions than a will-kit or online checklist, because it will take into account your unique circumstances.
A will-kit is rarely adequate to properly carry out your intentions, and will-kits are known to cause costly court proceedings for various reasons. How could you be expected to know what consequences your choices may have unless you have legal training and experience? A solicitor can advise you about the pros and cons associated with your choices so your decision-making can be as informed as possible, and your testamentary intentions are more likely to be given effect.
It is important to choose the right person for the job when you select who will be the executor of your will. The role of an executor is significant because your executor will be your legal representative after your death. Executors should be responsible, capable, diligent, wise, and practical.
If you have not already pre-arranged your funeral, your executor has priority to do this after your death. A person who is calm and confident to deal with the certain sadness and grief that is likely to follow your death can assist all your loved ones to give you an appropriate send-off.
Your executor will also have the job of looking after your assets, and settling your affairs, before distributing your money to the people you want to receive it.
For many people, wills are not enough on their own. That is because of the nature of financial resources like superannuation and insurance, or the way you own property (including bank accounts and household items) when you own it with another person. A good solicitor will work with you to ensure that these financial resources are directed to the beneficiary of your choice.
You should tell your solicitor about any possible risks to your estate, as your solicitor can advise you and assist you to mitigate the risk of costly estate disputes.
Your executor does not have to get advice from the same solicitor who helped you with your estate planning, but if you are satisfied with the service you received during that process, there will be benefits as your solicitor can pass on any information you want to give your executor.
Alternatively, your executor should seek out a solicitor with the skills and experience to advise them about their important job.
Will readings rarely occur, because these days most people can read. It is necessary that the effect of a will be explained to your executor or your beneficiaries by a solicitor who can also advise about the Wills practical application.
Your death must be registered in the same way that our birth is registered. It is important that your funeral director is given correct information for the death registration form that will be sent to Births, Deaths and Marriages. You can help by listing details of your spouse, children and parents’ full legal names and occupations.
Estates must not be distributed until at least six months after death. That includes any items such as jewellery or motor vehicles, even where they are gifts in your will.
consideration should be given to obtaining independent legal advice regarding the options available to you, and any rights or duties that may apply.
Input your search keywords and press Enter.