On line will & enduring power of attorney

gillyb · Senior Member

On line will & enduring power of attorney

Happywanderer · The Master

I don't have a will and must get one done but you can get a will booklet from Aus Post at very little cost. I think you have to get someone to witness your signature once you have written it all out.

milo · Guru

dont you need a jp to sing something like that?

Happywanderer · The Master

Yep, milo. Thats what I meant. A JP has to sign to witness your sighature.

You might want to go in and edit your post, the JP might not have much to sing about.

brickies · Guru

If you are looking at anything on the net make sure it is for australia , we have just done a will you don't need a JP just some one that know you and not a relative and every page must to sign by the witness but I have been told Enduring Power of Attorney must be witness by a JP Qualified .

Gerty Dancer · Guru

We have enduring powers of attorney, done by a solicitor. It was done as a package with our wills, and wasnt all that expensive. Get a quote or two before you spend money for on-line legal documents.
Interestingly, we learned that an Enduring Power of Attorney only applies in the state or Territory in which it was signed. Therefore if we get into a spot of bother interstate it may not be valid. confuse

I expect a will would be valid anywhere.

pricey43 · Guru

Enduring power of attorney forms can be purchased at Newsagents. We used these for my in-laws and had no problem with them when we took over their affairs.
We have since used the same forms for ourselves. They cost about $25 I think. We had them witnessed at the Police Station.
We also organised Medical Power-of-Attorney to each other. This is also important in Medical emergencies.

jimricho · Guru

My advice is get a solicitor.... this stuff can be a legal minefield, especially (but not only) if there is property titles and superannuation (including allocated pensions) involved

remember the saying...

"Where there's a will there's a relative"

-- Edited by jimricho on Thursday 30th of December 2010 06:11:18 PM

Helena · Guru

hear hear Helena

Cupie · Guru

I also agree with the use of a solicitor.

The on line or DIY ones are good until an aggrieved relo comes into the picture.

As in all things you get what you pay for (usually)!

capt cream bun · Senior Member

There is something touched on but not covered very well so far in this discussion.

Enduring Powers Of Guardianship has not been mentioned.

An Enduring Power of Attorney refers to the management of a persons financial and legal affairs only.

An enduring power of guardianship refers to making decisions about the person.

I have a bit of a messy past with adopted kids, natural kids and an ex wife to be wary of. The advantage i have is one fantastic solicitor. Will...cover letters in case of challenges, both of the above lets me get on with more important things.

The cost of a solicitor is in my option a small price to pay for the benefits it delivers.

Happywanderer · The Master

The benefits of not having much is nothing to fight over. A basic will, will do ok. I've seen family fights that have caused massive rifts in families who never speak again so have spent all mine and THERE WILL BE NOTHING LEFT TO FIGHT OVER.
The caps are in case the kids are listening.

Allara · Senior Member

Yes, I think the SKI club is the way to go....

gillyb · Senior Member

Thanks everyone for that I may just ring around and get some prices from solicitors, I did read on one site (that was a solicitors site) that the on line ones may not be valid and can cause more trouble than not having one at all but there does seem to be a lot of them around for this to be the case.
Happywanderer I agree with you to a point but I only have 2 kids and I'm prity sure they wouldn't fight over anything.
Capt cream bun (love that name) I only just read about the enduring power of guardianship yesterday and I agree it sounds like a very important document especially for someone in a situation like yours it could have a big impact on someones wellbeing later in life if you loose your marbles sort of speak :)

Gerty Dancer · Guru

capt cream bun wrote:

There is something touched on but not covered very well so far in this discussion.

Enduring Powers Of Guardianship has not been mentioned.
-----------------------------------------------------------------------------------

Sorry, should have mentioned that our Powers of Attorney also included this function too.... for similar reasons. Its VERY important! If I was lying in Hospital with no chance of recovery and being a "Vegetable" I want somebody I can trust to say "Turn off the machine" instead of waiting for a court order to authorise the doctors.

Even if you dont have much to leave, and nobody would fight over it, it helps your family to sort things out after they lose you if your will is all properly done and cant be questioned

Cupie · Guru

Gerty Dancer wrote:

capt cream bun wrote:

There is something touched on but not covered very well so far in this discussion.

Enduring Powers Of Guardianship has not been mentioned.
-----------------------------------------------------------------------------------

Sorry, should have mentioned that our Powers of Attorney also included this function too.... for similar reasons. Its VERY important! If I was lying in Hospital with no chance of recovery and being a "Vegetable" I want somebody I can trust to say "Turn off the machine" instead of waiting for a court order to authorise the doctors.

Even if you dont have much to leave, and nobody would fight over it, it helps your family to sort things out after they lose you if your will is all properly done and cant be questioned

Maybe your preparations should include ...

Advance Health Directive,
Enduring Power of Attorney - Health & Financial.
Will.

I have all of the above, held in a file in my retreat/study/den/boys room, labled "In Case Of Death".

It includes also details of such things as investments, bank accts, regular bank acct withdrawls, Funeral insurance, Birth, death (where applicable) & marriage certificates for self & parents, Safe Custody arrangements etc etc.

The original doc was given to me by a Financial advisor & I update all of of the information at least twice a year, or as key items change.

I even include the Centrelink brochure "What to do when someone dies".

All of my immediate family are aware of the file's existence & its contents.

ps. Of course the Will Executor & main beneficaries have copies of the will and those with EPA authority have a copy of that doc & the Advance Health Directive too.

MaxII · Newbie

Hi
The Supreme Court Website carries all manner of forms and information relating to this matter. I found out whilst doing probate for a relative. OMG lawyers are predatory! Quotes from $3,500 plus percentage of estate! I did all of that for very little, just my time and a little bit of stress, but a wonderful learning curve!
If your affairs ( no not those!) are fairly straight forward, you can write everything you wish to happen on your computer, print out, ask two ppl to witness (they do not have to know the content, I went to my local solicitor whose clerk witnessed my signature for nothing, police station constable on duty will suffice, any JP, but u will pay him), lodge with supreme court (fees apply)or any solicitor(no fees), tell yr beneficiaries where the papers are, cost u nothing just a bit of your time and very satisfactory. Make certified copies for your beneficiaries to open after your journey to the higher highways. Put in folder ALL share certificates, property titles, info, insurances, car info. Makes it easy if yr beneficiary wishes to apply for probate themselves. If at any stage, you wish to alter, for any reason, simply write a codicil, have two ppl witness yr signature, make certified copies for your beneficiaries and lodge with whomever u lodged with in the first place. If your affairs are in fairly simple order.
Hope this helps.

_wombat_ · Master (of Mischief)

Happywanderer wrote:

The benefits of not having much is nothing to fight over. A basic will, will do ok. I've seen family fights that have caused massive rifts in families who never speak again so have spent all mine and THERE WILL BE NOTHING LEFT TO FIGHT OVER.
The caps are in case the kids are listening.

HW, you are telling fibs, you have your camper & Punky. biggrin

Delta18 · Guru

Wills are crap! A total waste of time.

If you have kids/ or any rellys who feel they are hard done by with your will they can and do challenge it and stand a good chance of overturning your wishes and getting a benefit from your estate.

The best way is the SKI holiday. Leave nothing for the pirahnas to scrabble over.

Every family has the predator that feels that everything is theirs for the picking and what they don't want the rest can pick over. Stuff them, don't give them the chance.

If you have something that you want a particular person to have...give it to them before you start pushing daisys, no worries then.

Is there someone you would like to leave your house to? Sell it to them, for a nominal price, gives you something to live on and no one can take it from them when the time comes.

Cheers Neil

Happywanderer · The Master

Wombat the camper will pay for my funeral and maybe give Punky to my daughter and her rotty will have her for lunch. oh thats mean. Will have to rethink that.