Wills and Estates
Establishing a Will and organising an estate can be one of the most important steps you can do to ensure that you and your families assets and wishes are correctly managed should anything ever happen. With life being chaotic at times, finding the time to implement a Will can be hard but at BlueKey Lawyers we ensure that the process is as stress free and simple as possible.
- Full estate planning services including the creation of testamentary (will) trusts; succession to control over previously established trusts and entities.
Enduring power of attorney
- Powers exercisable when you’re incapacitated…or just overseas.
Administration of deceased estates
- Grants of probate and administration out of the Supreme Court when needed; informal administrations and transmissions of assets to beneficiaries.
Advanced Health Directive
- An Advance Health Directive (the AHD), sometimes called a ‘living will’, can give instructions about your future health care. The AHD only becomes effective if you lose capacity to make decisions.
BlueKey Lawyers can provide you with advice on estate planning, and assist you in preparation of Wills, Powers of Attorney (including Enduring Powers of Attorney) and Advance Health Directives. We want to make sure that planning for your future is stress free and simple. Call us today for an obligation free consultation.
Preparing a Will is a very important part of your estate planning. A well drafted Will can help ensure that your property and assets will be distributed according to your wishes, and can also reduce chances of disputes over your estate. If you pass away without a Will, your estate will be distributed according to the intestacy rules. Generally, the estate will go to your spouse, de facto, your children and grandchildren. If there are none, then there are provisions for your other next-of-kin. The best way to esure that your estate is distributed to those who are important to you is to keep a valid and up-to-date Will.
Once you have signed a Will, you have to ensure that your original Will is kept safe. Failure to do so may cause significant issues when the time comes for your executors to administer your estate. Please call BlueKey Lawyers to discuss the best way to keep your original Will safe.
Enduring Power of Attorney
A Power of Attorney is a document which gives someone a power to act on your behalf. Two types of powers of attorney exist – general and enduring. A general power of attorney allows some to do certain things on your behalf (for example, sign documents or carry on a business). However, a general power of attorney comes to an end immediately upon you losing capacity to make decisions.
By preparing an Enduring Power of Attorney you are able to give power for someone to act you your behalf in respect of both financial and personal/health matters even if you lose your capacity to make decisions. Your attorney can consent to the withdrawing or withholding of life-sustaining medical treatment if you become terminally ill or go into a state of permanent or persistent unconsciousness, but may not make decisions on your behalf about certain special health matters, such as organ donations, sterilization and participation in special medical research.
Advance Health Directive
By preparing an Advance Health Directive (the AHD), sometimes called a ‘living will’, you can give instructions about your future health care. The AHD only becomes effective if you lose capacity to make decisions. An AHD can state what medical treatment you wish to receive, can also appoint an attorney for health and personal matters, and can include information relevant to your health which could affect your care (such as medical conditions, or any beliefs which could govern the type of medical care you receive). Provisions relating to health matters will override, to the extent of any inconsistency, the decisions made by your attorney for personal/health matters.
Even if you consider yourself to be of good health, the best time to make an AHD is now, as life can take unexpected turns. Making an AHD is particularly important if you already suffer a condition which could have serious complications or impair your cognitive capacity.
If you have not made an AHD, appointed an attorney for personal/health matters, or had a guardian appointed for health matters by Queensland Civil and Administrative Tribunal, a statutory health attorney can be appointed to make health care decisions on your behalf. A statutory health attorney can consent to medical treatment or an operation while you are unconscious, and make decisions if you lose your mental capacity.