This is an Obligation Free service. We will use this information to be able to quote you on your Will and Power of Attorney. The information you provide will enable us to draft your Will and/or Power of Attorney. Any additional information or questions you have may be left in the comment boxes.You and your spouse may prepare this On Line Form together however when it comes to providing you legal advice, we will need to speak with you individually and confirm your instructions. 

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* 1. Your personal details:

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* 2. Your Partner's personal details.

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* 3. Documents to be prepared

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* 4. Will:

A will is a legal document that sets out your wishes regarding the distribution of your property. To maximize the likelihood that your wishes are carried out, you want a will that is set out in writing, and signed by you and your witnesses. If your will does not meet these standards, your instructions may not be carried out.We will ensure that your Will is prepared in accordance with the requirements of the Succession Act 1981 (Qld) At least one executor must be appointed in your will, who is responsible for managing your estate to its conclusion. They must ensure the contents of your will are followed exactly. Who you choose as an executor depends on your own personal preference. Some people choose to use the solicitor who made their will, whilst others may choose a trusted friend or family member. Ideally, you should appoint at least two executors. The signing of your will ideally should be witnessed by two independent witness who are over the age of 18 and present at the time you signed the will. They should not be beneficiaries named in the Will.

I would like a:

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* 5. Executors/Trustees:

Your Executor is the person responsible for carrying out the directions and wishes as stated in your Will. Ordinarily the Executors are also listed as Trustees of any Testamentary Trusts that are formed. Your Trustee controls the assets of a Testamentary Trust for the benefit of the nominated beneficiaries. The trustee/s decide how to manage the trust assets, and which beneficiaries receive the income and capital of the Trust each year. For couples it is ordinarily followed for the surviving spouse to be the Executor/Trustee of the Estate however depending on the complexity of the matter, this could be varied.

You should consider one person who is over 18 as Executor/Trustee of the Estate and this would ordinarily be your Spouse, child/children or Next of Kin. You should appoint a secondary Executor/Trustee as a backup and if you nominate more than one then they may be appointed to act jointly.

Jointly means that all of the Executor/s must work together and sign all documents together. Jointly and Severally means that any one of the Executors can sign a document or dispose of an asset without the signature of the other(s) or alternatively every Executor can sign
 
I would like to appoint as Executor/Trustee of my Estate

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* 6. Guardian of your Minor Children 

If you have minor children, the law in Queensland is clear that the guardianship passes to the surviving spouse unles there are extenuating circumstances. If however, your spouse does not survive you, and you have or intend to have children that may be minors at the time of your death, do you have anyone in mind as a Guardian? 

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* 7. Bequests:

Gifts of personal or sentimental items would be best set out in a letter of wishes which can be retained with the Will. This can be updated regularly with no cost. You should know though that such a letter of wishes would not be binding on the Executors of your Estate so if you consider there is a risk your Executor may not honour your wishes then you should set out your Directions in your last will and testament

Do you wish to make any specific bequests?

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* 8. Residue:

What you have left of your property after your gifts (Bequests)  is known in legal jargon used for will writing as the 'residue of your estate'. The 'residue' is the term used to describe what property of yours is left over after the deduction of specific gifts, debts, legacies, tax and the expenses of administration.

In a simple will with only a few Bequests the greater portion of your Estate forms the Residue and as such you do not need to itemise in the Will each and every Asset that you own. 

It must be remembered that the provisions of a will do not effect the disposal of joint tenancy property or superannuation accounts.

Joint tenancy property can only be dealt with if the joint tenancy is first severed into a tenancy in common. Superannuation needs to be dealt with by binding nomination.

If you have a blended family (children to more than one partner) you may wish to ensure that your Estate or some part of your Estate is directed to all your children or your partners children (to protect their interest) and for this reason we would need to specify exactly where your estate is to be divided in certain circumstances. Your Will in this instance starts to become complex.

We can discuss this during an initial consultation. In these instances it may be wise to consider one or more testamentary trusts.

We also refer to incidental beneficiaries and this is where a beneficiary named in your Will has either predeceased you or not survived you by thirty (30) days then the share of your Estate would then go to any children of theirs that survive you.

Please tick the appropriate box leaving the residue of your Estate to:

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* 9. Your Assets

In order to advise you we need to determine what Assets you have and give you advice as to whether they are dealt with by your Will.

Jointly owned means that you and your partner OR someone else are on the title and have equal shares in the property. 

Jointly owned property does not form part of an Estate, the ownership shifts to the surviving joint owner at the time of your death.

  Jointly owned Separately owned. 
Residential home:
Investment properties:
Shares:
Family/Unit Trusts:
Self Managed Super Fund:
Overseas investments/properties:
Shares or interest in any Pty Ltd Company or other organisation. 

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* 10. POWER OF ATTORNEY

A power of attorney is a formal document giving another person the authority to make legally binding decisions on your behalf. There are two types of power of attorney: general power of attorney and enduring power of attorney.

General power of attorney: You would use a general power of attorney to appoint someone to make financial decisions on your behalf for a specific period or event, such as if you’re going overseas and need someone to sell your house or pay your bills. It’s used while you can still make your own decisions and ends once you no longer can (i.e. you lose capacity).

Enduring power of attorney. You would use an enduring power of attorney to appoint someone to make financial and personal decisions on your behalf if you become unable to make your own decisions, e.g. if you have failing cognitive health or lose capacity to make decisions. The Public Guardian can be appointed to make decisions on your behalf under an enduring power of attorney.

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* 11. Attorney:

Please nominate who you would like to manage your affairs.

The Attorney is the person responsible for managing your affairs whilst you are alive and in your interests. You may limit their Power or you can allow them unlimited Powers.

You will be asked whether to give them Powers with respect to your Personal Health matters and Financial Affairs.

With respect to personal Health matters it can only take effect if and when you lose capacity.

With respect to Financial affairs it can take effect immediately.

For couples it is ordinarily followed for the spouse to be the Attorney, but this need not be necessarily followed.

You should consider one person who is over 18 as an Attorney or you can have more than one appointed and they can act jointly or jointly and severally.

If you wish your Attorney to have Power over Real property (House and Land) then there is additional costs incurred in registering the Power with the land titles office. 

Please choose one of the following appointments:

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* 12. Attorney/s:

Your Attorney is the person responsible for managing your affairs either Personal Health matters when and should you lose capacity or Financial Affairs, as appointed by you.

For couples it is ordinarily followed for the spouse to be your Attorney however depending on the complexity of youyr Asset portfolio, this could be varied.

You should consider one person who is over 18 as an Attorney and this would ordinarily be your Spouse, child/children or Next of Kin. You should appoint a secondary Attorney (or two) as a backup and if you nominate more than one then they may be appointed to act jointly.

Jointly means that all of the Attorney/s must work together and sign all documents together. Jointly and Severally means that any one of the Attorney/s can sign a document or dispose of an asset without the signature of the other(s) or alternatively every Attorney can sign
 
I would like to appoint as Attorney

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* 13. The Power

You may give your attorney power to make decisions about:

 personal/health matters;
 Financial matters.

Examples of personal/health matters are decisions about where and with whom you live, whether you work or undertake education or training, whether you apply for a licence or permit, day-to-day issues like diet and dress, and whether to consent, refuse to consent or withdraw consent to particular types of health care for you (such as an operation). The Power to make decisions on personal health matters can only come into play In the event that you are incapable of understanding the nature and foreseeing the effects of a decision, and of communicating that decision. (“Capacity”)

An example of a financial matter is deciding how your income should be invested. You can decide when a person obtains the Power to make decisions with respect to your Financial Affairs. 

You cannot give your attorney power to make decisions about:

 special personal matters such as a decision about your will, appointing someone as your attorney, voting at elections, or consenting to adoption or marriage;
 special health matters, such as donation of body tissue, sterilisation, pregnancy termination, research or experimental health care, or certain psychiatric or other health care as specified in the regulations.
Your attorney can consent to the withdrawing or withholding of life-sustaining medical treatment if, for instance, you become terminally ill or go into a state of permanent or persistent unconsciousness. You can give instructions about this type of decision if you make an Advance Health Directive.

I understand that Personal Health matters do not entail decisions on serious medical issues and an Advanced Health Directive would be required. (Speak to us seperately about an Advanced health Directive on 07 3818 4056). 

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* 14. Limiting the Power

Do you wish to limit the Power given to your Attorney's.

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* 15. The Power to take effect

I would like my Attorney's Power on Financial Affairs to take effect:

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* 16. Document Retention:  Would you like us to retain your Will and/or Power of Attorney (at no additional cost) with our Securities in our safe.

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* 17. The documents I am thinking of getting are:

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* 18. INITIAL CONSULTATION

Once we have this information we are able to advise you as to your options and the costs involved. Our standard fees are displayed on our web site.

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