Wills and Powers of Attorney – Chloe responds to the most common questions

If you're considering updating, creating or changing your will - you may be feeling overwhelmed or unsure of the process. In this blog, our Camperdown receptionist, Chloe Cummins answers your most commonly asked questions about Wills and Power of Attorneys and breaks down the process step by step.
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I don’t have a will/ I haven’t updated my will since the kids were little/ my circumstances have changed. I’ve been meaning to get onto this job for ages but I’m really busy- what is the process and how long does it take to make a will?

The process to make a will is quicker and easier than you may think.

Firstly, we will book you in for an initial appointment with one of our lawyers – this appointment generally takes thirty minutes to an hour where we will go through your current situation and your wishes, it is also an excellent opportunity for us to answer any questions or discuss any concerns you may have.

Next, we usually book you in for a follow up appointment two to three weeks after your initial appointment where we will have your will ready to check and, if it is all in order, to have it signed. In this appointment we will take you through your will, clause by clause to make sure that you understand it and that it reflects your wishes. Once you’re content with your will, we will arrange for another staff member to attend the appointment to be the second witness (there are very strict signing requirements when it comes to wills).

That’s it - once the will is fully signed by you, your lawyer and the second witness, it takes effect. We will then store your original will on your behalf and provide you with a copy for your records.

You should consider updating your will whenever there is a change in your circumstances such as:

  • buying property
  • starting a business
  • getting married
  • the birth of children or grandchildren
  • the death of a family member
  • divorce or separation (your own or in the case of a family member’s divorce or separation)
  • a long period overseas
  • retirement

I want to make a will but my family circumstances are a bit complicated. I feel a bit overwhelmed and I’m not sure yet how I want to leave my stuff. Is it worth making an appointment to see a lawyer?

Modern families come in all shapes and sizes - not many families have a mum and a dad, two kids, a dog and a white picket fence anymore.

We would absolutely recommend making an appointment. Our lawyers are here to help guide you through making a will and if you’re unsure of anything they can make suggestions and they have all of the legal knowledge to help navigate your situation.

If your circumstances are a bit complicated, the reality is it’s even more important to make a will. If you die without one, state laws will decide who inherits your estate, not your family members. You don’t have to know exactly how you want to leave everything going into an appointment with your lawyer. In fact, our clients often say they feel a bit relieved walking out of an appointment as it helps to talk it through with a professional who deals with this stuff all the time.

Do I need to make a power of attorney if I already have a will?

Yes, it is definitely a good idea to have both.

Powers of attorneys are separate documents to your will, and they have different purposes - they are put in place so that your attorneys can help you make decisions while you are alive.

The two most common documents we assist clients with in addition to wills are as follows:-

· An Enduring Power of Attorney - which allows you to appoint people to help you with financial, legal and personal decisions (for example, to help pay your bills, do your banking, deal with your tax or sometimes for big decisions like to buy or sell property on your behalf).

· An Appointment of Medical Treatment Decision Maker - which sets out who you want to appoint to make medical decisions on your behalf if you were ever unable to (for example, you were unconscious or if you lost legal capacity to make your own decisions)

If you’re not sure if you require these documents or have further questions, your lawyer would be happy to discuss them further during your appointment regarding your will.

I’d like some help! How do I get in touch with you?

If you’re considering making a will or powers of attorney we would love to help! You can use our booking function via our website or feel free to call or pop in and see one of our friendly faces on reception.

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