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WILLS, ESTATES and Power of Attorney

Estate Planning

The lawyers at Tony Goodwin & Company can assist with putting your personal affairs in order, including preparation of your Will and Enduring Power of Attorney and Advanced Health Directive.

Even if you do not have a lot of assets, it is important to have a Will to ensure that, on your death, your assets are distributed the way you wish. If you do not have a Will, when you die your Estate will be distributed in the way prescribed in the Succession Act, which may be totally the opposite to how you would have liked to distribute your Estate. Administration of your Estate can also be more costly and time consuming.

There are many Will Kits on the market but nothing can take the place of thoughtful and proper planning of your Estate after having received good advice on all legal and financial implications. Many cases decided by the Courts as to the validity of wills relate to Wills prepared using Will Kits.

There are many factors to be considered in preparing your Will, including:
  • Tax and stamp duty considerations
  • Whether assets are owned by you or a company or Trust which you control
  • Risks of future claims against the Estate by any relative for whom provision has not been made in the Will
  • Whether any assets are held interstate or overseas

Another important document to consider is an Enduring Power of Attorney to ensure that, if you become disabled through an accident or illness, you have appointed an attorney you trust who can make decisions on your behalf. You might also consider an Advanced Health Directive to protect your loved ones from the distress of having to make decisions about medical procedures if you become very ill.

Estate Administration

Losing a loved one is very distressing and the added stress of dealing with administration of the Estate can be overwhelming at such a difficult time. Executors have many obligations under legislation and there are a number of important time frames which need to be adhered to. If there is no Will, the process can be even more complicated.
Our experienced lawyers can assist you with advice on your obligations and to progress the administration of the Estate in the most efficient and cost effective manner.

Estate Litigation

The lawyers at Tony Goodwin & Company are experienced in acting for Personal Representatives and Claimants in Estate litigation, including:

  • Litigation over the validity of Wills or interpretation of particular provisions in a Will
  • Claims for further provision under the Succession Act