Wills and Estate Planning

Wills And Estate Planning

Estate Planning is the process of ensuring your assets pass as you wish and in the manner that will best look after your loved ones upon your death and in the instance should you lose capacity.

An Estate Plan consists of your Will, Power of Attorney, Appointment of Medical Treatment Decision Maker, Binding Death Benefit Nomination and documents relating to any company or trust structures you have in place.


While a Will is a fundamental component of Estate Planning, it's essential to understand that it's not the sole element. Many valuable assets, such as superannuation, trusts, and businesses, often fall outside the scope of your Will and require careful consideration as part of your broader Estate Planning strategy.

Guidance from Our Experienced Team: Our knowledgeable team is here to support you through every step of the Estate Planning process.

What a Will Allows You to Do: A well-crafted Will empowers you to:

  • Direct Asset Distribution: Specify how and where your assets should be distributed after your passing, ensuring your wishes are respected.
  • Provide for Your Loved Ones: Continue to care for your family's well-being after your death, addressing their financial and personal needs.
  • Customize Your Will: Tailor your Will to meet the unique requirements and circumstances of your family and friends.
  • Avoid Legal Challenges: Prevent your loved ones from facing potential legal challenges and expenses that can arise when someone passes away without a valid Will.
  • Appoint an Executor: Choose a trusted individual to act as the Executor of your estate, responsible for managing the distribution of your assets.

Consequences of Not Having a Will: Without a Will in place at the time of your passing, your estate will be administered according to intestacy laws, which may not align with your wishes or the best interests of your loved ones.

Regular Will Review: It is advisable to review your Will every 3 to 5 years or whenever significant life events occur. You should consider updating your Will if:

  • Marital Status Changes: You have married, separated, or divorced since your last Will.
  • Family Expands: You have welcomed new children or additional children into your family since your last Will.
  • Executor Changes: Your chosen Executor passes away or becomes unsuitable for the role.
  • Beneficiary Changes: One of your beneficiaries passes away, becomes incapacitated, faces bankruptcy, or becomes involved in litigation.
  • Financial Shifts: Your financial circumstances experience significant changes.

Ensuring that your Estate Planning documents remain up-to-date is crucial to protecting your assets and ensuring your loved ones are well-cared for in the future.

If you have any questions or require assistance with your Estate Planning needs, please do not hesitate to contact us. We are committed to helping you navigate this important legal process effectively.

Power of Attorney

Power of Attorney documents are a vital legal tool that empowers someone you trust to manage your affairs when you are unable to do so. This need may arise due to various circumstances, such as illness, incapacity, or any other situation that renders you unable to make decisions on your own.

Enduring Power of Attorney: An Enduring Power of Attorney is a legal document that allows you to appoint a trusted individual to oversee your financial and personal affairs. Financial matters encompass activities like managing your bank accounts, paying bills, and handling property transactions. Personal affairs may involve critical decisions regarding your long-term care, including choices related to nursing home placement.

It's essential to note that the authority granted under Powers of Attorney ceases upon your passing, at which point your Will takes precedence.

Without a Power of Attorney in place, you relinquish control over who makes these important decisions on your behalf. In the absence of this legal document, your family or friends would need to apply through the Victorian Civil and Administrative Tribunal (VCAT) to gain similar decision-making powers. This process can be both expensive and time-consuming, particularly in challenging situations.

Take Control Now: You can proactively save your family time and money by preparing Powers of Attorney today. By doing so, you:

  • Choose Your Decision-Maker: Select a trusted individual to manage your financial and personal affairs, ensuring your preferences are followed rather than leaving the decision to the courts.
  • Set Boundaries and Guidance: Specify limitations and provide clear instructions on what your appointed Attorney can and cannot do on your behalf.
  • Determine Timing: Decide when your Powers of Attorney become effective, ensuring that your wishes are honoured according to your timeline.

We encourage you to take this important step now to safeguard your interests and provide clarity for your loved ones during challenging times. If you have any questions or require assistance in creating your Power of Attorney documents, please don't hesitate to reach out to us. We are here to guide you through this crucial legal process.

Appointment of Medical Treatment Decision Maker

The Appointment of Medical Treatment Decision Maker empowers you to designate a trusted individual to make critical medical care decisions on your behalf. This legal document is particularly crucial for individuals who wish to safeguard their medical preferences, especially when it comes to end-of-life decisions. It ensures that your healthcare choices are legally recognized, particularly in situations where you do not want these decisions to default to a legally designated person.

An Appointment of Medical Treatment Decision Maker becomes especially valuable if you work in a physically hazardous profession or plan to travel overseas. It allows you to maintain control over your healthcare, no matter the circumstances.

By appointing a Medical Treatment Decision Maker, you can:

  • Designate a Healthcare Decision-Maker: Choose a person you trust to make healthcare decisions on your behalf.
  • Specify Medical Treatment Preferences: Clearly outline whether specific types of medical treatment should be accepted or declined based on your preferences.
  • Incorporate Your Values: Express your core values and beliefs, which will serve as guidance for your appointed decision-maker when making medical choices.
  • Appoint a Support Person: Nominate a support person who can assist in representing and effectively communicating your healthcare decisions.

An Appointment of Medical Treatment Decision Maker grants you significant control over your future medical care while providing clarity to your chosen decision-makers, especially in situations that can be emotionally and mentally challenging.

If you have any questions or require assistance in drafting an Appointment of Medical Treatment Decision Maker, please don't hesitate to contact us. We are here to help you navigate this important legal process.