Wills, Probate and Power of Attorney

Ebenezer Legal provides full service to our clients to create Wills, administer estates and preparing Power of Attorney.

Wills

In simple terms, a Will is a legal document that outlines how you would like your assets (Estate) distributed when you die and appoints the person who will be responsible for administering your estate. The people who receive your Estate are referred to as your beneficiaries.

All too often we put off arranging our affairs, thinking we will have plenty of time in the future to sort everything out.  Dying without a Will can mean:

  • Your Estate may not be distributed in the way that you would wish.
  • You may be placing an extra burden to your loved ones on them at a time of stress, grief and loss.
  • There may be potential for conflict between the beneficiaries of your Estate which will cost everyone time and money.

You should review your Will regularly to make sure that it meets your current needs and wishes. There are events that may act to invalidate your Will or parts of your Will, for example, marriage and divorce.

Powers of attorney

Powers of attorneys can be as important documents as Wills and in most cases. Powers of Attorney can be for a single event or alternatively for an indefinite period.

You may not always be able to make decisions when you need to. Powers of Attorney allow a nominated person or persons to make personal or financial decisions on your behalf.

To make a power of attorney you must be an adult capable of making your own personal and financial decisions freely and voluntarily

There are two types of power of attorney:

  • general power of attorney; and
  • enduring power of attorney.

A general power of attorney is used to give someone the power to make financial decisions for you when you are away such as overseas or sign legal documentations on your behalf during your absence.

At different occasions or for certain purposes, you will need to register the power of attorney in Queensland with the Land Titles Office. You may revoke a power of attorney at any time. There are instances where a power of attorney will come to end as well, such as if you get married, divorced or die, so you need to keep in mind that changes may need to be made in certain situations or new powers prepared.