Planning your Estate with our specialist Estate Solicitors on the Central Coast
Darley Legal specialist Estate Solicitors Central Coast
Having your estate in order before you pass away is one less thing for you and your family to worry about when something happens to you. Having your estate planned and legal is essential if you have very specific plans of who inherits your estate when you pass away. Darley Legal are are highly experienced and specialise in drafting wills and trusts, delegating powers of attorney, appointing enduring guardians and producing other documents that will assist with the administration of the estate once the client is incapacitated or passes away. In some cases, there can be disputes over the distribution of assets and the executor of the will may need legal representation.
We cannot stress the importance of having a valid Will. Should you die without a Will, you die intestate. Your family will not be able to apply for a grant of probate but instead will have to apply to the Court for Letters of Administration. Whilst applying for a grant of probate can be a simple process, applying for letters of Administration is much more complex and can have an end result that you may not have wished for.
We pride ourselves on providing our clients with expert advice in a friendly and efficient manner. We value referrals more than fees, and our integrity and ethics are our strongest selling points. Our Central Coast Lawyers take the time to listen to your concerns and answer any questions you have, we then review your situation, explain our findings and work with you towards a solution or a way to proceed.
If you are needing to get your estate in order, contact the Darley Legal team of Estate Solicitors on the Central Coast today. We take the stress out of what can be an extremely stressful situation and do it with professionalism and compassion.
Wills
We cannot stress the importance of having a valid Will. Should you die without a Will, you die intestate. Your family will not be able to apply for a grant of probate, but instead will have to apply to the Court for letters of Administration.Whilst applying for a grant of probate can be a simple process, applying for letters of Administration is much more complex and can have an end result that you may not have wished for.
The creation of a will in most cases is a fairly straightforward undertaking.
Enduring Power of Attorney
An Enduring Power of Attorney is a document whereby you appoint a person ‘the Attorney’ to act in your place, in making and carrying out financial and property decisions. The power can come into effect at a time chosen by you, such as immediately, or if a doctor states you are no longer able to manage your own affairs.
Enduring Power of Guardianship.
The Enduring Power of Attorney does not provide for health and medical decisions. In order to cover this, you will need to make an Enduring Power of Guardianship. A Guardian will make decisions in relation to medical treatment as well as other health and lifestyle decisions if you lack capacity to make those decisions yourself.
Estate Solicitors Central Coast
What is an Estate Plan?
An estate plan records what you want to be done with your assets after your death.
It can include documents such as:
- your will
- a testamentary trust (as part of your will)
- superannuation binding nominations
It also covers how you want to be cared for — medically and financially — if you can no longer make your own decisions. This part of your estate plan may be in documents such as:
- any powers of attorney
- a power of guardianship (giving someone the right to choose where you live and to make decisions about your medical care)
- an advance healthcare directive (your needs, values and preferences for your future care)
- The documents you choose will depend on your situation and what you’re comfortable trusting others with. Darley Legal will be able to advise you on this.
What is a Will?
Your will is a legal document stating what you want to happen with your assets when you pass away. It is part of your overall estate plan.
Your will covers things like:
- How you want your assets to be divided
- Who will look after your children if they’re still young
- Any trusts you want to set up
- Funeral Plans
- What money you want to be donated to charities, if any
What is a Power of Attorney?
A Power of Attorney is a legal document stating that you give someone else the legal right to look after your affairs for you. It is important to nominate someone you trust that is financially responsible and will be there when you need them. The power of attorney allows someone to make financial decisions for you. It is usually for a specified time. For example, if you are overseas and cannot manage your affairs at home.
If you are unable to make decisions yourself, the general power of attorney becomes invalid and you will need an enduring power of attorney.
What is an Enduring Power of Attorney?
An enduring power of attorney (or EPA) allows someone to make financial and legal decisions for you if you become incapacitated. If you become unable to make decisions yourself, enduring power of attorney will still be valid.
What is a Medical Power of Attorney?
This allows someone to make medical decisions for you if you ever become unable to do so yourself. It doesn’t allow them to make other kinds of decisions such as financial decisions.
Darley Legal – Experienced Estate Solicitors Central Coast
Wills – Estates- Trusts – Power of Attorney – Enduring Power of Attorney
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