Williamson Isabella Lawyers

What is a will?

A will is a legal document that names the people you want to receive the property and possessions you own at the date of your death. These people are known as your beneficiaries. Your property and possessions include everything you own: your home, land, car, money in bank accounts, insurance policies, shares, jewellery, pictures, furniture, and so on. Making a will is the only way you can ensure your assets will be distributed in the way you want after you die.

What sort of decisions is an enduring guardian unable to make?

An enduring guardian cannot make a will for you, vote on your behalf, consent to marriage, manage your finances or override your objections, if any, to medical treatment.

What is enduring guardian?

An enduring guardian is someone you choose to make personal or lifestyle decisions on your behalf when you are not capable of doing this for yourself. You choose which decisions you want your enduring guardian to make. These are called functions. You can give your guardian directions on how to carry out the functions.

Who can appoint an enduring guardian?

If you are over 18 years, you can appoint one or more people to be your guardian. When you appoint an enduring guardian you must have the capacity to understand what you are doing.

Where should I keep my will?

Keep your will in a safe place. Solicitors, banks and trustee companies hold wills on behalf of people, often at no charge. You should make a copy of your will and note on it where the original is kept. It is advisable to tell your executor where your will is kept. If you want to give your executor personal instructions that you do not want to appear in your will, you can leave your executor a letter of instructions.

When does enduring guardianship end?

The appointment of your enduring guardian takes effect only if you become unable to make your own personal or lifestyle decisions. Your guardian may wish to seek the opinion of a medical practitioner about your capacity to make decisions before acting on your behalf.

When does it take effect?

The appointment of your enduring guardian takes effect only if you become unable to make your own personal or lifestyle decisions. Your guardian may wish to seek the opinion of a medical practitioner about your capacity to make decisions before acting on your behalf.

Who can be an enduring guardian?

The person you appoint as your enduring guardian must be at least 18 years old. Your chosen guardian should be someone you trust to make decisions in your best interests if you are not capable of making decisions for yourself. Your guardian must act within the principles of the guardianship act, in your best interests and within the law. You can appoint more than one person. If you appoint more than one enduring guardian, you can direct them to act jointly or separately.

Can I leave my assets to anyone?

Yes, but you should make proper provision for your spouse and children, including ex-nuptial children. If you do not, they could challenge your will.

Should I make a will?

Yes. It is essential to make a will if you are concerned about who will receive your assets and belongings after you die. It is particularly important to make a will if you have a family or other dependants.

Should I make will?

Yes. It is essential to make a will if you are concerned about who will receive your assets and belongings after you die. It is particularly important to make a will if you have a family or other dependants.

How can I contact Williamson Isabella Lawyers?

You can call their Dapto office on 02 4261 3355 or their Wollongong office on (02) 4261 3355.

How do I appoint an enduring guardian?

You need to discuss the appointment with your chosen guardian & make sure they are willing to take on this responsibility if you can no longer make decisions for yourself. It would be wise to discuss the functions in detail & ensure that your guardian clearly understands your wishes & any direction associated with any function. You may also wish to discuss the appointment with other significant people in your life. We can prepare the necessary document for you and your enduring guardian to sign.