Preparing a will is not an easy task and can have serious ramifications if not done correctly. In addition, many people do not realise that marriage voids a will however divorce and separation do not which can leave the door open for ex partners to make a claim against the estate.
Guarna Legal can help you prepare a will that ensures your estate is protected and distributed in accordance with your wishes. We provide expert advice on both simple and complex wills and will ensure that you understand the gifts and wishes that you create in your will.
When the time comes to distribute the estate Guarna Legal can help executors apply for a grant of probate and for those estates that do not have a will to direct its distribution, we can assist administrators with applying for a grant of letters of administration. We will assist you throughout the whole process from applications of grants to final distribution of the estate.
If there is a dispute in relation to wills and estates including issues with probate, Guarna Legal can advise executors as well as potential claimants in relation to any entitlements under a contested estate with sound advice and support.
A power of attorney is a document that allows a person over the age of 18 years (called the donee or attorney) to act on behalf of another person or company who gives them the power under the power of attorney (called the donor or principal) in relation to financial matters. This document differs from ACD as an ACD deals with care and lifestyle decisions only.
There are two types of power of attorney:
1. General power of attorney – this provides for a limited power for the donee to make financial decisions on a limited transaction or for a limited period of time.
2. Enduring power of attorney – this provides for the donee to make financial decisions on behalf of the donor immediately upon si in the event that the donor becomes legally incapacitated and unable to do so (i.e. the donor is no longer of sound mind).
Preparation and planning are vital aspects of life. An Advance Care Directive (ACD) is a legal document which allows a person over the age of 18 years to appoint one or more other people (called the substitute decision-makers) to make lifestyle and care decisions on their behalf when they are no longer able to do so for themselves. Since 2014, ACDs have replaced Enduring Powers of Guardianship, Medical Powers of Attorney and Anticipatory Decisions.
At Guarna Legal, our experienced team can ensure your wishes, preferences and instructions in relation to your future health care and personal lifestyle choices are properly recorded in your ACD. In addition, we will ensure that your designated Substituted Decision Makers are properly appointed and fully aware of the responsibilities undertaken, giving both you and your family confidence to handle any events that may occur in life.
Guarna legal offers affordable packages for the preparation, execution and storage of Advanced Care Directives, Wills and Power of Attorney.