A Statutory Will can be the solution to estate planning problems where a person has lost capacity. Instead of being made by the person themselves, a Statutory Will is made for them by an Order of the Supreme Court of Victoria. The Wills Act 1997 (Vic) provides this mechanism for the Court to authorise a […]
Statutory Wills: What if I lose capacity to make a Will? Read More »
This article is a continuation of our Incapacity Series where we have recently discussed the Enduring Power of Attorney (“EPA”) and Appointment of Medical Treatment Decision Maker (“AMTDM”) documents and how they can be used to plan for the possibility that you or someone you know may lose capacity. We now consider what can be
Every adult has the right to make their own medical treatment decisions. However, if you experience illness or an accident you may be unable to do so (either temporarily or permanently). An Appointment of Medical Treatment Decision Maker (“AMTDM“) is a formal legal document that allows you to appoint people who can make medical treatment
At some point in your life, you may be faced with an event – such as an accident or illness – that leaves you incapacitated and unable to make decisions for yourself. An Enduring Power of Attorney (“EPA”) allows you to appoint a person (or multiple people) to make financial decisions and personal (also known
Enduring Power of Attorney: What if I can’t make decisions for myself? Read More »
Incapacity and Planning Ahead: Why Estate Planning Matters Many people overlook the importance of estate planning, assuming it’s only for the rich, elderly or sick. But regardless of your age, health or how much money you have, having a plan is important. Estate planning isn’t just about what happens to your assets after you
The Incapacity Series: The Importance of Planning Ahead Read More »
When a person dies ‘intestate’, it means that they have passed away without a valid Will (wholly intestate) or with a Will that doesn’t dispose of all of their property (partially intestate). When someone dies intestate, the intestacy laws of the relevant jurisdiction will determine how their assets will be distributed.
Inheritance in limbo: understanding the basics of Intestacy Read More »
It probably isn’t a surprise to most people that marriage and divorce are big events that impact on a person’s property and parenting rights. What many aren’t aware of, however, is that these events also have a significant effect on their Will and where their superannuation death benefit entitlements may be paid. Marriage and Wills
The effect of marriage, separation and divorce on Wills and estate planning Read More »
What is an Appointment of Medical Treatment Decision Maker? You have the right to make your own medical treatment decisions. However, if you experience illness or an accident you may be unable to make your own medical decisions (either temporarily or permanently). An Appointment of Medical Treatment Decision Maker (“AMTDM”) is a formal legal document
FAQ: Appointments of Medical Treatment Decision Makers Read More »
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