Wills and Estates

Wills and Power of Attorney (POA) and Appointment of Enduring Guardian (EG) are key documents that every adult, irrespective of age, should draw up with a solicitor who is appropriately trained and experienced in this field.

If someone has a serious accident rendering them unable to manage their affairs, the POA and EG are vital tools to cut through the red tape of privacy laws and any unwanted appointment by the Guardianship Tribunal.

The documents need to provide adequate powers to protect superannuation and property interests. Where there are previous relationships it may be important to ensure that a current life partner is able to continue to reside in a shared home if one develops dementia or otherwise loses mental capacity.

There are certain important issues to consider in the event of a diagnosis of terminal illness for one who is a director of a company, when it would be desirable to arrange a Company Power of Attorney to ensure smooth transition of responsibilities to another director through your appointed attorney.

As a Wills and Estates specialist John is able to anticipate the requirements of different situations and his ability to identify and advise on particular issues. Circumstances may require the formation of a testamentary trust should there be a need to favour certain beneficiaries and protect them against unworthy claims.

LITIGATION

Mutual wills may be required in blended family situations which effectively is a contract to ensure certain beneficiaries are protected. Poorly made Wills may unjustly exclude someone with an expectation of receipt of the deceased’s bounty.

John has extensive experience in this area of claims for family provision or for other reasons based on resulting or constructive trusts, undue influence or promissory estoppel. There is a litany of actions which could have been avoided if proper advice was obtained when the deceased’s will was made.








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