WILLS & ESTATES
Ian Symonds & Associates offers one of the easiest and most cost-effective ways to obtain a will in the Inverloch area. We can assist you with:
- Drafting & updating wills
- Applying for Probate
- Assistance with claims against wills & estates
- Deceased estate claims / defending deceased estates
- Estate planning
- Deceased estate administration
- Letters of Administration (in the event that a will is deemed invalid)
We always recommend keeping your will up to date as it makes distributing your estate far easier on your beneficiaries in what is already a hard enough time.
POWERS OF ATTORNEY
Ian Symonds & Associates can help you with the three types of Powers of Attorney used in Victoria:
- Enduring Power of Attorney (Financial), which is used to appoint someone to make legal and financial decisions for you in the event that you lose the capacity to make those decisions yourself.
- Enduring Power of Attorney (Medical Treatment), which is used to appoint someone to make medical treatment decisions on your behalf if you cannot make them yourself.
- Enduring Power of Guardianship, which is used to appoint someone to make personal and lifestyle decisions on your behalf such as your living arrangements if you have lost the ability to make decisions for yourself.
Powers of Attorney F.A.Q.’s
WHO CAN MAKE A POWER OF ATTORNEY OR GUARDIANSHIP?
Anyone over the age of 18 who has the capacity to understand the nature and consequences of the document, who makes the decisions in the document of their own free will and who can communicate clearly what those decisions are.
WHEN SHOULD I MAKE A POWER OF ATTORNEY OR APPOINTMENT OF ENDURING GUARDIANSHIP?
Before you need them! These documents safeguard your interests in the event of something unforeseen – an accident or illness that robs you of your capacity to make decisions for yourself. It is better to be prepared and confident in knowing that the person you choose will be making important decisions about your money, your living arrangements and your health.
WHEN DOES IT START?
For a Power of Attorney (Financial) it begins when you nominate that it should. Powers of Attorney (Medical Treatment) and Powers of Attorney (Guardianship) only commence when you are unable to make your own decisions.
WHO SHOULD I APPOINT TO BE MY ATTORNEY OR GUARDIAN?
You need to appoint someone your trust to make the right decisions. With a General Power of Attorney and an Enduring Power of Attorney (Financial) you can appoint more than one person to make the decisions jointly.
WHAT ARE THE LEGAL RESPONSIBILITIES OF MY ATTORNEY?
They are legally responsible to you and must act in your best interests. While you have mental capacity they must obey your instructions. They cannot give gifts to themselves or to anyone else unless you specifically authorise this and they must keep their finances and money separate from yours, keeping accurate records of all of their dealings with your money.
WHO SHOULD I TALK TO ABOUT IT?
It’s really important that you discuss these documents with a lawyer who can give you professional advice about your particular circumstances. It’s also vital that you discuss your wishes with your family to avoid unnecessary conflict and stress.
DO I NEED A WITNESS?
Yes, these documents need to be witnessed by a person with statutory authority such as a solicitor or Notary Public.
CAN I CHANGE MY MIND?
Yes, as long as you still have the decision making capacity to do so you can revoke or change these documents. This has to be done in a legally binding way, however, so please seek legal advice.
Other Areas of Practice
Local legal professionals who care
As a small team of dedicated professionals we aim to provide a friendly, family atmosphere with a reputation for timely, personalised service.
Contact us to arrange an appointment with an experienced solicitor or conveyancer.
Family Law | Probate Law | Wills | Property Conveyancing | Divorce Lawyers | Deceased Estates | Solicitors
Servicing The Mornington Peninsula, Inverloch & South Gippsland inc. Wonthaggi, Leongatha, Korumburra, Loch, Mornington, Mount Eliza, Mount Martha, Hastings, Rosebud, Portsea, Rye, Sorrento, Blairgowrie, Phillip Island, Cowes & Newhaven.