We help to ensure that your wishes are followed both in times of ill health and upon your death, in an empathic and respectful way.
QNMU Law’s wills and estates team can provide practical, easy-to-understand advice and assistance to prepare your Will, Enduring Power of Attorney, and Advance Health Care Directive.
The importance of having a valid Will
It is important to have a formal document that reflects your wishes about how your estate should be managed after you die. A valid Will does just this – it nominates a trusted person as your executor to administer your estate and directs how your property should be distributed to your beneficiaries.
Dying without a Will is referred to as dying intestate. In such cases, the person’s assets are distributed according to a pre-set legal formula. Intestacy rules are complex and, while the rules aim to align with general societal views on inheritance, they might not reflect an individual’s actual wishes or their specific circumstances.
In addition to a lack of clarity, typically, the next of kin will need to apply to the court for letters of administration before they can manage the deceased’s estate. This can create additional complexity and expense for the family.
Certain legal formalities must be met when a Will is prepared for it to be valid, and an experienced lawyer will ensure that your Will is correctly signed and witnessed, and your individual circumstances are considered.
We will listen to you, discuss the legal and practical options, and give you a clear explanation of what the effect of your instructions will mean for your family and friends.
Powers of attorney and enduring powers of attorney
A power of attorney is a document you can create to give someone you trust (your attorney) the authority to deal with certain aspects of your affairs in specific situations.
In Queensland, different types of powers of attorney cover different circumstances. A general power of attorney ends if you lose capacity, while an enduring power of attorney continues if you become incapacitated. It is important to understand the options available so you can choose what is right for you. You should consider what powers your attorney will need, such as the power to make personal (including health) decisions, or financial decisions (or both), and whether you want the power to be limited to specific events and/or times, or to be enduring.
We can guide you through this process so you can make an informed choice.
Advance health care directives
An Advance Health Care Directive allows you to:
- Give directions now about your future health care in case you lose capacity
- Make your wishes known and give health professionals direction about the treatment you do or don’t want to receive
We can assist you with the preparation of these forms so that you have peace of mind. Your family and friends will be assured that you are being treated according to your wishes.
For help, call 07 3392 0551 or email [email protected].