Will & EPOA
At C Power lawyers we believe in new beginnings. Since marriage and divorce can invalidate a Will, we are here to assist you in the final step of protecting your assets, your family and most importantly, your wellbeing.
An Enduring Power of Attorney is essential as it gives the person you nominate the power to make decisions on your behalf if you cannot manage your affairs either temporarily or worst case, permanently. It can apply to your property, legal and financial affairs and gives authority to your attorney to make decisions around personal, health and wellbeing matters. If you do not have an Enduring Power of Attorney in place and you lose your mental capacity, the Public Trustee takes over your affairs until someone else is appointed by the Courts. In the meantime, no one has the legal power to manage your affairs.
A Will is a statement of your wishes that are to be executed when you die. By having a properly drafted Will you can make sure that your assets are inherited by the people you love in the way that you want them to be distributed. A Will can automatically become invalid if you get a divorce or if it is not signed or witnessed properly. It is also important that you update the document when there are births, deaths, marriages, and divorces in the family.
If you were to die without a valid Will (intestate) your assets would be divided between family members according to the law and you will have no say in the distribution of your possessions. In these circumstances the distribution of your assets may become a lengthy and distressing process for family and friends during a time of significant grief.
Not having a proper Will, Enduring Power of Attorney and not ensuring the Beneficiaries to your Superannuation Funds are up to date can make things extremely distressing and complicated to all involved and can have very serious repercussions.