Power of attorney for estate of deceased

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We are highly experienced in Wills and Estate matters and can assist you with qualified advice.

Wills & Estates

We are highly experienced in Wills and Estate matters and can assist you with qualified advice.

A Will instructs how you wish your assets to be distributed after you die. Wills also nominate a person or persons that you trust to see that your wishes are carried out. This person is referred to as the executor.

Many complications can arise after your death if you do not have a will. For example, you will not have any control over who your assets are left to. The cost of arranging for your assets to be distributed is usually higher than would be the case if you had a will, and this cost is paid for out of the assets of your estate. There is also inconvenience caused to your loved ones in arranging for this process to take place and because your intentions are not documented, disputes and conflict can arise between loved ones, as to what your intentions were.

Therefore, wills are essential for most adults. It is also very important that you view your existing wills regularly to adapt to your changing personal circumstances. For example if you buy or sell a property you may need to review your will.

Powers Of Attorney

A Power of Attorney is a legal document whereby you appoint a person or persons of your choosing to manage your affairs. You may not only identify who you would like to take on this role on your behalf, but you may also identify when and in what circumstances the person you appoint can act.

For instance, you may appoint someone to act on your behalf in circumstances where you lose capacity to act for yourself, or you can ensure the appointment is effective immediately. You can also nominate for what purpose you would like the appointed person to act. For example, the appointment may be very general whereby you appoint someone to make decisions relating to financial and health related issues. Alternatively, you may appoint someone for a specific purpose such as ‘to sell your house’. You may also put a time limit on the power such as ‘this power terminates on 30 June 2020’.

It is important that every adult, no matter the age or personal circumstances has a Power of Attorney. If you do not have a Power of Attorney, and circumstances arise whereby you are unable to make decisions for yourself, it is then too late for you to enter into a Power of Attorney without going through a legal process which can be costly and inconvenient

Deceased Estates

An executor will begin the process of finalising the Deceased Estate after a death certificate issues from the Registrar of Births Deaths and Marriages. The death certificate will usually issue to the Funeral Director engaged by the family or friends and it will often issue approximately four to six weeks after death.

A legal process must be followed to finalise Deceased Estates. There are many legal issues to consider and the process can be lengthy and challenging. For example, should Probate be obtained in the circumstances. There can be serious and detrimental consequences to both the Executor and Beneficiaries in not undertaking this process in certain circumstances, but it is equally true that this process is not always necessary. Each situation is different.

GM Law can manage this process and provide comprehensive advice on the issues that need to be considered and the steps necessary to adequately finalise the deceased’s affairs.

The above indicates some key issues only. There are a multitude of other issues that need to be addressed during the course of this process.

Making an Enquiry

If you have questions, require further information or would simply just like to talk to someone, please call us on 1300 185 636 – we’re ready to help.

Making an Enquiry

What is the first thing to do when someone dies?

Immediate Steps to Take When a Loved One Dies.
Getting a legal pronouncement of death. ... .
Arranging for the body to be transported. ... .
Making arrangements for the care of dependents and pets..
Contacting others including:.
Making final arrangements. ... .
Getting copies of the death certificate..

Is power of attorney same as executor?

The main difference between an executor and an agent is when the roles take effect. Power of attorney can come into force in situations in which you are alive but you cannot make decisions independently. Meanwhile, your executor will only take on responsibilities after you have died.