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Wills & Enduring Powers of Attorney

Providing trusted legal advice for more than 150 years.

Writing a will

 A well-written, up-to-date will and properly structured assets will allow you to ensure that your estate is managed in the manner you intend. In the absence of a will, the law determines where your assets go when you pass on. Contrary to common perception, your partner will not necessarily receive your entire estate if you die without a will. Unfortunately, while the default rules that apply if you leave no will are designed to be fair, they may not do justice to the wishes of the deceased perfectly. Peoples’ lives and relationships are increasingly complex, and modern wills tend to reflect that.

Wills allow you to protect your interests, and those of your family broadly, going beyond the distribution of your assets. For example, a will can be used to ensure that those who depend on you – pets or children – are cared for by the people, and in the manner of your choosing. Often, a will is used to appoint a new trustee of a family trust to replace the deceased.

What is an Enduring Power of Attorney?

An enduring power of attorney (EPA) is a legal document that goes hand in hand with your Will. The key difference though is it’s for circumstances that change whilst you’re alive. 

Examples when you’d need an EPA include having a serious accident, illness or a stroke that leaves you unable to make decisions for yourself. No matter what happens you still need to continue providing for your family, pay bills and more. 

There are two kinds of EPA:

  1. EPA for your personal care and welfare.
  2. EPA specific to your property.

You can choose to have one or both. 

An EPA lets you appoint a trusted person as your attorney to make decisions about your property, affairs and personal welfare when you can’t. Not even your spouse or partner can automatically act on your behalf without the legal appointment. 

You can also appoint an organisation such as Trustees Executors as your property attorney which is beneficial if you want an impartial professional to make these important decisions for you.

There is a lot to consider before setting up your EPA and it’s important you get the right advice before starting. If you lose the capacity to make decisions for yourself your loved ones would need to get a court order which can be a stressful and drawn-out process. 

A little planning now goes a long way.

Case Studies

See how we have helped our clients setup and review their trusts.

Parenting alone whilst managing a trust owned farm

Income Distribution

Beneficiary List

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New client inquiries

For all new client inquiries, please don’t hesitate to give us a call. Our friendly and knowledgeable staff are always ready to answer your questions and assist you in any way possible.