Will
A Will is one of the most important documents you will ever sign. A Will sets out a person’s wishes for his or her property to be disposed of in a particular way upon their death. A Will has to meet certain formal requirements, and a badly written Will often leads to delays and disputes.
The most important reason for making a Will is to make sure that, after your death, your property is distributed in the way that you would have wished it to be. When making a Will, you need to seriously consider who you wish to be your Executor/Executrix and be aware of their residential address as well as the full names of all of your beneficiaries. Such information greatly assists when drafting the Will.
You must have legal capacity when making a Will. If you are 80 years of age or older, a Letter of Capacity will be required from your Doctor prior to drafting your Will documents.
Wills should be reviewed to ensure that your wishes are current and to amend and update any change in circumstances, such marriages, change in beneficiaries etc.
Enduring Power of Attorney and Enduring Power of Guardianship
An Enduring Power of Attorney is a legal document created to allow a person to appoint another person of their choice, who will make financial decisions on their behalf.
An Enduring Power of Guardianship is a legal document created to allow a person to appoint another person of their choice, who will make medical decisions on their behalf.
This person becomes their Attorney. More than one Attorney can be appointed. An Enduring Power of Attorney or Guardianship can only be made by a person whilst they are still capable of making financial and legal, or medical decisions for themselves.
You must have legal capacity when making an Enduring Power of Attorney or Guardianship. If you are 80 years of age or older, a Letter of Capacity will be required from your Doctor prior to drafting your Enduring Power of Attorney or Guardianship documents.
By appointing an Attorney, financial affairs can continue to be managed in the persons best interests, even if they become unable to manage this themselves.
Advanced Health Directive
An AHD is a legal document that enables you to make decisions about the treatment you would want (or not want) to receive if you became sick or injured and were incapable of communicating your wishes.
An AHD only comes into effect if it applies to the treatment, you require and only if you are unable to make reasonable judgments about a treatment decision at that time.
You must have legal capacity when making an Advanced Health Directive. If you are 80 years of age or older, a Letter of Capacity will be required from your Doctor prior to drafting your AHD documents.
Grants of Probate
A grant of probate can be made when a person has died leaving behind a valid will and nominated a person to act as the Executor of that will.
Probate is a certificate granted by the Probate Office of the Supreme Court of Western Australia. It means the deceased ‘s will has been proved as valid and registered, and that an executor has been granted authority to administer the deceased estate.
Letters of Administration
Where a person has died without leaving a valid Will, or the appointed Executor is no longer able to execute the contents of the Will, the Court may grant Letters of Administration to an appropriate person.
