Wills & Estates :
Wills, Powers of Attorney, Enduring Guardians & Probate
Wills
Many people do not have a will. Brendan Manning and Andrew Manning can draft cost-effective wills that will carry out your wishes upon your death. If you die without a will, you will die “intestate” and your estate is distributed in accordance with Chapter 4 of the Succession Act 2006 (NSW). As such, your estate may be divided contrary to your wishes and leave people out that would otherwise be included. Brendan or Andrew can draft your will to ensure that your wishes are carried out and that your will can withstand any challenge.
Powers of Attorney
A Power of Attorney allows you to appoint a trusted person to act on your behalf to carry on your day-to-day affairs (in such areas as your personal finance, banking, insurance or superannuation). This appointment can empower your attorney to do anything you can legally do, or just for a specific area of life or concerning certain property. These can also be time limited, such as when you are overseas. However, once you permanently lose your legal capacity, a Power of Attorney is terminated.
An Enduring Power of Attorney is where your attorney retains their appointment even after you have permanently lost your legal capacity. If you are incapacitated and you do not have an Enduring Power of Attorney, your family members may need to make an application to the Guardianship Division of the NSW Civil & Administrative Tribunal to be appointed as your financial manager. This process can take many months and puts undue stress and burden on your family that could have been avoided by creating an Enduring Power of Attorney.
Appointment of Enduring Guardians
An Enduring Power of Attorney for financial affairs is often accompanied by the Appointment of an Enduring Guardian. The Enduring Guardian is appointed to make medical, health and lifestyle decisions for you when and if you lose capacity to make such decisions for yourself. This can be very important if you have clear and specific “end of life” instructions for your family and other loved ones.
Has a parent, partner or loved one died without a will (that is, they have died intestate)?
If a person you are related to dies without a will, we can advise you of any entitlement you may have and any application that may need to be made.
Are you an Executor and it’s time to seek a Grant of Probate?
We can assist you with the distribution
Manning Lawyers can assist
Brendan Manning has a Masters in Commercial Law and together with Andrew Manning, can draft your wills, powers of attorney and appointments of enduring guardians that are appropriate for your circumstances.
If you have any queries about wills, powers of attorney or appointment of enduring guardians, please contact our offices on (02) 9279 3122, Brendan Manning on 0416 080 616 or Andrew Manning on 0405 296 842 to arrange an initial consultation.
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Phone: (02) 9279 3122 / Mob: 0416 080 616
Fax: (02) 9475 4001
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