Andrew Gardiner Law
Wills and Powers of Attorney | Sunshine Coast
Successful people plan. A will and a power of attorney are essential components of good planning.
A will contains your instructions on how to divide your assets after your death. For it to be legal, your will should be written and signed by two independent witnesses. It can be as short as one page.
Without a will:
- The person who is to look after your affairs will probably have to apply to the Supreme Court. This is costly and you may not even like that person.
- That special gift you promised someone will not be honoured.
- Your assets will be divided by the state according to a fixed scale.
- Your wishes regarding what to do with your remains may not be recorded.
Your views as to who should look after your minor children may not be followed.
With a will:
- You choose the person you trust to make decisions about your assets. Who is that executor?
- Your assets are given to the loved ones you want to give them to (and the not-so-loved ones do not get to benefit!).
- You can let the world know who you think should look after your kids. Appointing a Testamentary Guardian may be one of the hardest decisions you will ever have to make. Who do you trust?
- You can ensure that your disabled grandson is looked after, your bankrupt daughter has money for the future and your soon-to-be divorced son will not have to pass his inheritance to his ex. If these or other issues concern you, a testamentary trust may be what you need. We will talk you through this process and make sure you are informed about the best way to proceed.
We work too hard to build a nest egg for our family’s future and most wills are simple. Everyone should put a little time into making sure that nest egg is divided and distributed in the easiest, safest and most sensible way.
Andrew has been assisting clients with succession planning for years. His experience with the good, the bad and the ugly of will-making will benefit you. Contact us today to discuss your needs.
A power of attorney is a document that typically has two components. The financial component allows you to appoint someone to make financial decisions for you. It can be as simple as a husband and wife giving each other power.
You may appoint your children to make financial decisions for you if you have lost capacity. We often think of elderly relatives and say, ‘That’s not us,’ but we all know people whose lives have been altered unexpectedly and dramatically. It is always a good idea to have a written plan.
The health component lets you decide what will happen to you if you have lost capacity. Who should make the decisions about where you will stay and what procedures can be performed? Your children, siblings or parents? Your compassionate friend? It is too late to make that decision after you have lost capacity, so call us today to discuss how we can help you.
Andrew Gardiner Law
Wills and Powers of Attorney | Client Case Studies
Our client was an elderly gentleman who wanted to give a share of his estate to his daughter on the proviso that the daughter’s husband never got a share. A testamentary trust was included in the will to isolate the share of the estate that was to be given to that daughter.
Many clients have come to us in their later years. Some question the capacity of their loved ones or parents to make decisions. Others have physical constraints. We take instructions from our clients. We will often attend a client’s residence to sign documents and we may get a doctor involved to make sure that our client has capacity and we can show this later.
Our client was acting as power of attorney for someone who had lost capacity. There was a dispute and an action was brought against the attorney to the tribunal (QBCC). Our client had followed our instructions on what they could and could not do. They were transparent and the tribunal found in their favour.
Andrew Gardiner Law
Estate Planning | Sunshine Coast
Losing a loved one can be painful and confusing. We can help you through this difficult period by assisting you with the administration of the estate.
If you are appointed the executor, it is our job to make sure that your loved one’s last wishes are carried through and that the process is as easy and stress-free as possible.
We understand that there can be many competing interests when it comes to the distribution of an estate. There may be parties who are in a hurry for monies or feel that they have been treated unfairly. We can be called upon to be the voice of the executor to take the pressure off you and resolve disputes with your best interests at heart.
Of course, there are cases where the will has not been considered for some time or someone has been forgotten. If you have been overlooked by the deceased or are being treated unfairly by the executor, we will act to make sure that you receive a fair hearing and your fair share of the estate.
Contact us today to discuss how we can help you.
Andrew Gardiner Law
Estate Planning | Client Case Studies
Our client was the executor of his late wife’s will. They had been married for years and their will stated that they would leave the assets to each other. The wife had children before she met our client. These children were not in need, but they threatened litigation against the estate to receive money from our client. We managed to show that the assets involved were not what the children thought they were, and that any litigation would probably cost more than the estate was worth. No claim was made, and our client was able to avoid costly and emotionally draining litigation.
Our clients had been married for many years. When the husband died, all the assets were supposed to transfer to the wife. The bank was insisting on the wife making an application for probate to the Supreme Court – a costly and sometimes unnecessary process. Through sensible negotiations, we were able to convince the bank there was another way. They agreed and our client was saved thousands in legal and court fees.