Wills, Powers of Attorney, Probate and Estates.
Do you need to make your will or change your existing Will? Despite the current COVID-19 procedures, you can still make a Will and sign it.
I offer one of the most straightforward, secure, timely and cost-effective ways to obtain a quality Will in Victoria.
I can assist you with:
- Estate Planning including drafting & updating wills.
- Storing your Will securely.
- Testamentary discretionary trusts.
- Enduring Financial Powers of Attorney.
- Enduring Medical Powers of Attorney (Medical treatment decision maker appointment).
- Support Person Appointment.
- Applying for Probate or Letters of Administration.
- Estate administration including collection and distribution of assets.
- Supreme Court estate litigation.
- Assistance with claims against Wills & Estates.
- VCAT Guardianship applications and disputes.
- Asset protection.
- Elder law.
I always recommend keeping your Will up to date as it takes into account your wishes and avoids distribution of your assets to whom and in a manner you may not like.
Considering that your estate will consist of your home, motor vehicles, real estate, bank accounts, collectables, jewellery, artwork, life insurance policies, animals and much more, it is important to create a plan that has the appropriate level of protection. You will need a plan that ensures that your assets and property are distributed to whom you want, when you want, in the event of your death, and ensures that you leave behind a legacy for those individuals or charities that are important to you.
Failing to plan for the future can be seen as planning to fail, and it could result in causing more harm than good. If you die without a Will, you could put your family and property in danger. Without the terms that are established through a Will, your property will be distributed according to intestacy laws, instead of according to your preferences.
A last Will and testament serves several functions. Not only does it protect your assets and property, but an effective Will and testament organises your financial and personal affairs, which can in turn benefit your family long after you are no longer around to provide for them. There are many significant issues that I review with individuals regarding their Will and estate plan. I will help you create a last Will and testament and address all the important issues such as:
- Information regarding next of kin and other important individuals in your life.
- Deciding how you would like to distribute your property.
- Establishing guardianship over minor children.
- Naming heirs or charitable organisations to receive your property.
- Naming a trusted person to manage the property that you leave to minor children.
- Naming an executor of your affairs to ensure that the terms in your will are carried out.
- Drafting a trust.
…All with the end goal of avoiding any dispute and confusion regarding the settling of your affairs in the future and ensuring your loved ones are protected.
If you can’t attend one of my offices, I can take your instructions over the telephone or by video, and prepare the documents, and send it out to you with full instructions on how to properly execute the documents.
Secure the future for your spouse, children or other beneficiaries by getting started and booking a quick chat with me over the telephone so we can get started, or arrange a conference with me by calling (03) 8692 7244.
Powers of Attorney
When giving me instructions for your Will, I also think it is a good idea that you also give instructions for me to prepare Enduring Powers of Attorney on your behalf.
Enduring Powers of Attorney are legal documents that you can ask me to draft to give legal authority for someone to take the following sorts of actions on your behalf:
- provide for who can run your affairs,
- pay bills on your behalf,
- have a say in your medical treatment, or
- support you, should you be unable to do so yourself.
As with any legal document, the instructions for these documents can only be given when the person concerned is unaffected, and deemed to have the requisite capacity. There are a number of factors that come into play for a power of attorney to be valid, such as it must be in writing, and witnessed by someone with the requisite capacity (such as myself).
Types of Powers of Attorney I can draft for you:
- Enduring Power of Attorney (Medical Treatment);
- Enduring Power of Attorney (Financial/personal);
- Supportive Attorney; and
- General Non Enduring Power of Attorney.
For more information about the Powers of Attorney available to you, or for my assistance in drafting these documents, please do not hesitate to call me on 03 8692 7244
If you think you have been unfairly treated in the provisions of a Will you should arrange a conference with me to discuss it further. Don’t delay though, time-frames may affect your entitlements.
I can also help with deceased estates, including dealing with an Estate where there’s no Will.
When a loved one passes away, it’s not the easiest time to deal with the paperwork associated with their Estate. I have vast experience in deceased estates, and offer a compassionate approach to help you with:
- Applying for Probate or Letters of Administration (in the event there was no Will or the Will is deemed invalid).
- Dealing with Centrelink and other government authorities.
- Collecting in assets including the sale of estate property or investments and distributing accordingly.
Contact Shane McClure Today To Learn More
Shane McClure has vast experience in all areas of wills and estates, and can advise you on the necessary steps you need to take to ensure you are protected and your loved ones protected.
For more information, call to make an enquiry on 03 8692 7244 or click below to schedule a call back from Shane.