Kelloway Law & Mediation can assist you with your Estate Planning needs, providing advice and drafting the following documents:
Wills
A Will is a document that sets out your testamentary intention and comes into effect once you have passed away. Within your Will, you also appoint your chosen executors and beneficiaries.
If you do not have a valid Will, your estate will be distributed in accordance with the Rules of Intestacy, which is a specific hierarchy list of individuals based on their relationship to you. This may not be who you want to inherit from you.
Accordingly, it is important to ensure that you have a valid Will, if you want to specify who will receive a portion of your estate.
You can also specify other wishes in your Will including but not limited to: burial arrangements and/or a guardianship clause (who you want to appoint as the guardian of your infant children).
If you already have a Will, it is prudent that you periodically assess whether your Will is still valid and/or in accordance with your wishes.
There are some circumstances which form unintentional revocations of all, or part, of your Will – meaning that your Will may be invalid given your circumstances even if you have not formally revoked your previous will. This can include having married or divorced after the making of your Will.
If you would like to obtain a Will, please contact our office to arrange an appointment.
Power of Attorney
A Power of Attorney is a document which provides another person (or persons) with the power and authority to act on your behalf in relation to financial matters.
There are two types of Power of Attorney:
- General Power of Attorney – which is normally used for a specific purpose or time frame. This Power of Attorney ceases to be in effect if/once you lose capacity.
- Enduring Power of Attorney – which unlike the General Power of Attorney, continues to be valid if/once you lose capacity.
You can only make a valid Power of Attorney provided you have capacity at the time. For this reason, it is recommended to have a Power of Attorney in place, to ensure that if you do later lack capacity to make decisions on your own behalf, your intention and authority can be carried out by the attorney you have personally appointed.
You are able to cater your Power of Attorney to suit your own needs and intentions, including adding in restrictions and/or additional powers for your attorney(s).
For more information about Power of Attorneys please contact our office.
Enduring Guardian
An Enduring Guardian is a document which provides another person (or persons) with the power and authority to act on your behalf and/or make medical decisions for you when you do not have the capacity to make those decisions yourself.
You can only make a valid Enduring Guardian if you have capacity at the time. For this reason, it is recommended to have an Enduring Guardian document in place, to ensure that if you do later lack capacity to make medical and/or lifestyle decisions on your own behalf, that your chosen guardian(s) can do so on your behalf.
Without a valid Enduring Guardian, there is a set hierarchy list of individuals based on their relationship to you, who would take on this role. This may not be who you want to be making medical decisions for you. If you want to control who would make such decisions, you need to have a valid Enduring Guardian document.
You are able to cater your Enduring Guardian to suit your own needs and intentions, including for example limiting the decision making power of your guardian.
For more information about Enduring Guardians please contact our office.