Estate planning is essential to ensure that your loved ones are protected upon your death. There are 3 documents to effective Estate planning:
1. Last Will and Testament:
A Will is a direction for the distribution of your property and the appointment of a Guardian for your minor children upon your death. It ensures that all members of your family are treated fairly and that the appropriate Executor is appointed to complete the administration of your Estate.
3. Enduring Power of Attorney:
An Enduring Power of Attorney gives authority to a person that you choose to manage your financial affairs, even if you become mentally incapacitated. An Enduring Power of Attorney can take effect either when it is executed or if you become mentally incapable of managing your affairs at some time in the future. An Enduring Power of Attorney is an effective means of ensuring that your financial affairs are protected if you lose mental capacity temporarily or on a more permanent basis.
3. Personal Directive:
A Personal Directive gives authority to a person that you choose to make personal and medical decisions on your behalf. A Personal Directive can only take effect if you become mentally incapable of managing your affairs. Appointing an agent pursuant to a Personal Directive ensures that your wishes for medical treatment are followed even if you become temporarily or permanently mentally incapable of expressing your wishes.
To commence the preparation of your Estate documents, please contact us to arrange for a mutually convenient appointment with our Estate lawyer and to obtain an Estate questionnaire for your reference.
Other matters related to Wills and Estates may include the following:
Probate of Estate:
Upon the passing of a loved one, an Estate may require an Application for Probate of the Last Will and Testament, assistance with Trust management or simply assistance with the preparation of the documents required to complete the Estate, the process can be handled quickly and efficiently by experienced Counsel.
A Will does not always meet the needs of all parties that may have a claim against the Estate of a deceased. A deceased may not have made proper provisions for a dependent, a dependent may have been inadvertently not included in the Will or the circumstances of the deceased may have changed and the deceased did not have an opportunity to re-draft his/her Estate documentation to take into account the change. We can offer assistance in the litigation of Estates given the unique background of our lawyers in Estate and Family Law.
Applications under the Adult Guardianship and Trusteeship Act:
For an Adult dependent child who is not capable of managing their medical and financial needs or a loved one that has lost mental capacity, it is possible to be appointed their Guardian pursuant to the Adult Guardianship and Trusteeship Act for their personal and medical decisions and as a Trustee appointed pursuant to the Adult Guardianship and Trusteeship Act to manage their financial affairs. We can assist you with this process.