Wills

A Will

A will is a legal document that sets out your wishes, and governs the handling of your assets and property after your death. Many people don't like thinking about their mortality or put making a will off because they are too busy being alive.

If you decease without a properly made will your estate will be settled according to the provisions of an act of Parliament called The Administration Act.

If you die without a will your estate is divided in set proportions amongst your surviving spouse, children and immediate family. If you have young children, this could prove a problem, with a significant part of your estate tied up in trust until your children are 'of age'. A partner would not be provided for at all.

We can help

There are many aspects that one might want to consider and arrange for after your death. As well as dealing with your property, your will can also be used to give directions as to your preference for burial or cremation and the type of funeral you desire. If you have young children, you should always take the opportunity to appoint a guardian to represent their interests in the event of your sudden death.

Dawsons can help you sort out what should be included in your will and state your will for you.

Enduring Powers of Attorney

 There are two kinds of enduring power of attorney you can create. You may appoint:

• An attorney to act in relation to your personal care and welfare
• An attorney to act in relation to your property, including assets and investments you may have

It is highly recommended that people take out both kinds of enduring powers of attorney as soon as possible. There could be many situations in which you can no longer look after your own affairs and having these documents in place will prevent time consuming and expensive applications to the court. An enduring power of attorney operates during your lifetime and is just as important as having a will. If somebody does not appoint an attorney prior to becoming mentally incapable the only alternative is to apply to the Family Court for orders appointing somebody as a Property Manager or Welfare Guardian or both. This can be time consuming and costly.

The Dawsons team are experienced in this area and are happy to offer you further advice in addition to drafting your enduring powers of attorney.