Wills and Powers of Attorney

A Will is a vital document that directs what will happen to your property and assets after you die. While the thought of preparing a Will is, to some, a morbid concept, the consequences of not having a Will can generate great stress and concern for those left behind after you die. Maddens Lawyers can prepare a Will that best suits the circumstances of you and what is important to you. It is also important to ensure that your Will is valid and up to date.

A valid Will

To be valid, and enforceable after you die, a Will must be in writing. Telling your spouse, partner, children or friend what you wish to happen is not enough.

To prepare a valid Will you must:

  • be 18+ years of age
  • have the Will prepared in writing
  • have the Will signed in the presence of two witnesses.

Reviewing your Will

It is important that you review your Will regularly. This does not mean you need to change your Will regularly. Checking what your Will says, and who it references, is best done at least every three years or upon or following a significant life event such as:

  • buying or selling property
  • establishing, buying or selling a business
  • separation, divorce or remarriage
  • having additional children, or your children marry
  • the death of a Beneficiary of your Will
  • the death of an Executor of your Will.

If you are unsure about whether it is time to review or update your Will, contact Madden Lawyers. We are here to help and can and easily identify whether you would be best to alter the details of your Will.

Challenging a Will

Maddens Lawyers is experienced in investigating disputed Wills or Wills that fail to adequately provide for people. Our Will Dispute practitioners are experts in this area of law and have achieved great success for its clients.

Powers of Attorney

Powers of Attorney grant someone the power to manage your affairs if and when necessary while you are still alive such as:

  • Financial affairs
  • Medical treatment
  • Living arrangements

Generally, the power it grants is unlimited, but can be intended for a specific purpose and/or a fixed time frame. Granting a Power of Attorney is often done at the same time as a Will is prepared. You can make a Power of Attorney, or change it, at any time while you are what is termed, ‘of sound mind,’ which means having the capacity to think, reason and understand for oneself.

The costs to arrange a Power of Attorney can vary depending on your circumstances. Maddens Lawyers is very experienced in helping arrange and implement Powers of Attorney, and can provide reliable and reassuring advice about the best way in which to go about this.