Life is ever-changing and as we go through the seasons of our life its important to ensure we have the peace of mind that whatever life may throw at us, our affairs are in order.
‘PEACE OF MIND’
Whether you have recently bought your first house, found your significant other, started your own family, been blessed with the arrival of grandchildren, or have recently lost a love one…What ever the reasons that has prompted your enquiry its important to see it through for your peace of mind and the peace of mind of loved ones.
What is Estate Planning and do I need it?
Estate planning sounds complex, expensive and unnecessary. In actual fact, for the majority it is very straightforward, inexpensive and not time consuming. ‘Estate Planning’ is lawyer speak for getting your affairs in order. Estate planning can include some or all of the below depending on your circumstances:
Preparation of Last Will & Testament (this is reviewed and updated ever 3 years) and an expression of wishes (as required).
Preparation of Power of Attorney
Preparation of Enduring Guardian
Preparation of testamentary trust
Advance care directive (End of life plans)
WHAT’s INVOLVED?
For the majority, estate planning involves the preparation of your Last Will & Testament, Power of Attorney and Enduring Guardian. At Nowland Lawyers we offer this as a package service for a fixed fee. We know your time is valuable and finding the time to meet with a lawyer is difficult, so we have adopted the following approach to the convenience of our client’s:
INFORMATION SHEET
Prior to your first consultation an information sheet will be sent to you for completion and return. This information sheet will prompt you to gather any relevant documentation or information required to accurately draft your estate documents.
FINAL CONSULTATION
This final consultation will generally take 40mins. During this consultation, we will read through the estate documents with you, taking time to carefully explain the legal terms and to confirm your instructions. With the terms of estate documents settled, we attend to executing (signing and witnesses) same, and arranging for the documents to be placed into our safe custody (advisable) or to be retained by you for safe keeping.
INITIAL CONSULTATION
As a guide, this consultation will generally take 1 hour. We will discuss in greater details your current personal circumstances, assets, debts, health concerns and wishes. This consultation is important as often information will arise which you may not have thought relevant to mention but which could have legal implications and/or impact the drafting of your estate documents.
FOLLOW Up ADVISING
At the completion of your final consultation, we will provide you with a letter of advising. This document will outline the best practice for:
Filing and/or storage of your estate documents;
Informing and providing copies to named executors, powers of attorney, and enduring guardians; and
When to contact us to update estate documents due to changes in your circumstances.
DRAFT DOCUMENTS
Following your initial consultation we will prepare and forward to you draft copies of your estate documents for your consideration and review. We encourage you to contact us when you receive the documents to ask any questions that may arise or to provide further instructions as required. Once ready, we will make an appointment for your second consultation
3 YEARLY REVIEWS
As part of our service we offer 3 yearly reviews of your Estate documents. This simply involves us contacting you to discuss how you are going, any changes in your circumstances and to determine whether your estate documents require updating. There is no cost associated with our 3 yearly reviews and you can opt out at anytime.
Unable to attend our office or time is not on your side
We understand that attending at our office may be difficult due to failing health and a wide range of issues. To assist, we offer at home, in hospitals and at aged care home consultations. On making your appointment, please advise should you require an ‘out of office consultation’ and of any matters of urgency. We are here to help you get “peace of mind” and will work to suit your circumstances.
OTHER SERVICES
PROBATE & ESTATE ADMINISTRATION
Grief and the loss of a love one can be all consuming and leaves you with little capacity to deal with legal formalities that follow. Experienced in dealing with grief ourselves, we want to alleviate some of the stress surrounding the loss of your love one, and to assist you with administering the estate and probate. Please phone us today and let us help you.
CONTESTED WILLS & ESTATES
Following the loss of a love one it is common for issues and questions to arise relating to estate documents and gift inter vivos (gifts given during life). This is particularly the case, when the documents do not marry with conversations had with the deceased prior to their passing, when a family member is not provided for under the Last Will & Testament and/or questions arise as to the capacity and influential pressures on the deceased at the time of making their Last Will & Testament.
Grief, the complexity of family relations and uncertainty of your legal standing can be difficult to process. This often leads to a reluctance to pursue prompt legal advice. When considering whether you should obtain legal advice in relation to a love ones and/or family members estate documents it is important to remember any legal advice sought is confidential.
Too often, clients delay seeking legal advice due to anxiety and fear around causing family tension or rifts. Unfortunately, contested wills & estates matters are time sensitive. This is the classic case of “there is no harm in asking but you are better to do it sooner rather than later”. Please reach out and let us help you in this difficult time.
Let Us Help
Legal drafting of Last Wills and Testaments;
Legal drafting expressions of wishes;
Estate planning & testamentary trusts
Legal drafting of Powers of Attorney
Legal drafting of Enduring Guardians
Legal drafting of Advance Care Directive (End of life plan)Family Provision dispute
Contested wills & estates
Probate & Estate administrationAsset protection
Financial abuse
Family law access matters
Aged Care and retirement villages