Wills & Legal Services
Do You Need a Will?
You’ve just bought your first home, or a new home and financed your new purchase with Citrus Finance, but now what? What happens if you die? What happens if you become incapacitated or unable to deal with your affairs yourself, or, are unable to work to afford to pay back the mortgage? What happens to the mortgage?
If you die without a Will, make an error in drafting your Will, or need to challenge an incorrect Will, it will add unnecessary time, considerable expense and stress to an already difficult time.
Further, if you die without a Will, make an error in your Will, or make an incorrect or invalid Will, your Estate will not necessarily automatically go to your spouse! A set formula exists for the distribution of your estate, regardless of the length of your relationship, your spouse’s circumstances or whether other (more deserving) people should receive your estate (including your spouse or children).
BNT Legal can assist to draft you a valid Will so that your Estate should pass where it is intended, along with advice on when your Will can be contested, how you can prevent and reduce the chances of it being contested, and ensuring that your Will complies with the legal requirements, is clearly expressed and it is correctly signed and witnessed.
What is an Enduring Power of Attorney / Guardianship?
If you are unable to take care of yourself, but have not yet died, the person you appoint to manage your legal, commercial and financial decisions on your behalf is called your Attorney, appointed under your Enduring Power of Attorney (EPA).
If you are unable to make health, lifestyle or medical decisions, that is the role of your Guardian, appointed under your Enduring Power of Guardianship (EPG).
If you have lost mental capacity, and in the absence of a valid EPA and / or EPG, an application to the State Administrative Tribunal (SAT) must be made to have an administrator and / or guardian appointed for you.
This process can be particularly time consuming (most applications are heard within eight weeks of SAT receiving the application), meaning you may be left in limbo during that time, but if contentious, may be a longer, more costly (emotionally and financially) exercise, and may also result in someone other than the person/s you want, being appointed as your Attorney (Administrator) and / or Guardian.
In instances where there is uncertainty, disagreement or contention about who should be making treatment decisions on your behalf, this power can be granted by SAT to the Office of the Public Advocate and Public Trustee, which are government bodies, where the expenses of them acting for you come at your own expense.
This process can be avoided by simply having prepared a valid EPA and / or EPG in the first place upon your terms and wishes and appointing the people you want in control of your affairs.
With fixed fee Will, Enduring Power of Attorney and Enduring Power of Guardianship packages starting from $400 it’s worth the investment to protect yourself and your loved ones.
Contact BNT Legal Today
BNT Legal | Commercial and Tax Lawyers
Phone: (08) 6380 7490
Office: Suite 1 / 158 Main Street, Osborne Park, Western Australia
Mail: PO Box 200, Osborne Park, Western Australia
BNT Legal provides reliable and efficient professional legal services at cost-effective rates to ensure you receive the best affordable legal advice for you, your family or your business.
At BNT Legal we understand that time is precious to our clients and we are happy to visit clients at their convenience, making the legal process easier and providing a quality hassle-free service. We provide a personalised service and regard every client as important to our business.
Whenever possible we will provide our legal services for a fixed price.
BNT Legal don’t just provide Will and Estate Planning advice. They also provide advice in relation to taxation, estate planning, settlements, contracts, business and commercial law and transactions. A full list of services that BNT Legal provide can be found here http://www.bntlegal.com.au/services/
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