Dodgy Claim Brought by Deceased’s Nephew Defeated by Our Wills and Estate Team
Our client was the only son and beneficiary of his mother’s estate. The estate consisted…
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Including estate planning, will structures, drafting testamentary trusts.
Including family provisions claims, testamentary capacity, and undue influence or fraud.
Taylor & Scott Lawyers have experienced Estate Law Solicitors in Sydney and NSW who can assist you with everything from learning why a will is important, drafting your will, appointing a Power of Attorney or Enduring Guardian, through to assisting Executors or Administrators apply for Probate or Letters of Administration and assisting people left out of a Will.
If you would like to discuss your Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.
You should review your Will regularly. It may be that your circumstances have changed and your Will no longer suits your circumstances.
It is recommended you consider updating or restructuring your Will in the following circumstances:
Where there have been changes to your asset pool or the nature of your assets;
If you would like to discuss your, Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.
At Taylor & Scott, We Care For You.
A Power of Attorney is a legal document in which you appoint the person of your choice to manage your assets and financial affairs while you are alive.
In some circumstances a Power of Attorney is used when you are travelling overseas and want to give your attorney access to your bank accounts to pay your bills or manage your finances or complete a property transaction.
Usually an Enduring Power of Attorney is in place to protect you should you become unwell and are no longer able to manage your own financial affairs. This ensures it is effective after capacity to make decisions is lost.
Making a Power of Attorney does not mean that you will lose control over your financial affairs while you have capacity. It simply gives your attorney formal authority to manage your financial affairs according to your instructions. Your Power of Attorney can be revoked at any time provided you have the capacity to do so.
A Power of Attorney only deals with property and financial matters, and enables your attorney to sign legally binding documents on your behalf. It does not give someone the right to make decisions about your lifestyle, medical treatment or welfare. These decisions are covered by an Enduring Guardianship.
It needs to be understood that a Power of Attorney ceases when you die, and the executor named in your Will will take over the responsibility of administering your estate.
In order to make a valid Power of Attorney you must be 18 years or over and have sufficient capacity to understand the nature and effect of the appointment. This means that at the time of making your Power of Attorney you understand:
If you would like to discuss your Power Of Attorney, Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.
At Taylor & Scott, We Care For You.
Most people may have a will, or at least recognise its importance, however a Will only has effect when you have passed away.
An Enduring Power of Attorney and Enduring Guardianship are sometimes misunderstood documents. These documents allow for you to appoint someone who can manage your financial and lifestyle affairs while you are alive.
Not many people expect to be unable to handle their own affairs however this can easily occur during one’s life time for various unexpected reasons, such as serious accident or health issues. For this reason many people feel comfort knowing that they have planned ahead and have the right legal documents in place just in case something does happen to them.
Planning ahead involves picking a suitable person whom you trust to act as your attorney or guardian and talking to them to communicate your wishes for the future. The final stage is making a formal arrangement by drawing up the formal Enduring Power of Attorney or Enduring Guardian to give effect to your wishes.
You need to consider whether you make formal arrangements in anticipation of the need, and whether your trusted friends and family could make the decisions you would want to make, if you lose capacity yourself or are unable to attend to matters personally due to travel or illness.
For instance you will require formal arrangements for someone to act on your behalf if you lose capacity to access your bank accounts to pay bills.
If you would like to discuss your Power Of Attorney, Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.
At Taylor & Scott “ We Care For You.”
Should you no longer be able to manage your financial affairs and you do not have an Enduring Power of Attorney, the Guardianship Tribunal may be requested to appoint a financial manager to make these decisions for you.
This involves a formal hearing where evidence will be heard to assess if you have lost legal capacity.
If the Guardianship Tribunal decides that you need someone to make decisions about your finances and legal affairs, they will appoint a financial manager.
The person or organisation appointed as your financial manager will not necessarily be one whom you would have chosen. This may be stressful for your family. By making an Enduring Power of Attorney, you are ensuring that the person or organisation you nominate to manage your financial affairs is there to look after you if ever the need should arise.
If you would like to discuss your Power Of Attorney, Will, Probate, Estate Planning or Contested Estate with one of our solicitors, please do not hesitate to contact our office on 1800 600 664, or send a message by completing the contact form.
At Taylor & Scott, We Care For You.
You'll receive over a century of hard-fought litigation, highly skilled and successful negotiation experience across our firm.
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We'll pair you with the best lawyer for your case, no matter the cause.
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Partner
Firm Service Areas: Property Law, Banking Law, Mortgages, Commercial Law, Wills, Estate Planning, Probate, Estates Administration, Will Disputes and Contested Estates
Email: info@tayscott.com.au
Phone: (02) 9265 2500
Fax: (02) 9265 2555
Senior Associate
Firm Service Areas: Compensation, Industrial Deafness Claims, Litigation, Wills and Estates
Email: info@tayscott.com.au
Phone: (02) 8737 4500
Fax: (02) 8737 4555
