It is important everyone consider generating a proper estate plan in case of death or incapacity. We help guide you and draft important estate planning documents.
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Wills & Estates
Wills & Estates
A Will is a legal document wherein a testator is able to give direction on how their estate should be managed in the case of death. Included in a Will is an appointment of an executor, who would ensure that your wishes are followed. You would also appoint beneficiaries, who receive the assets of your estate, and if you have children, you are able to appoint a guardian for your children. You can be provided with certainty and peace of mind that your loved ones will be properly taken care of in the event of your death.
Enduring Powers of Attorney
An Enduring Power of Attorney is a legal document wherein you appoint someone to manage your finances and property in the event that you become incapacitated, due to accident or illness. If you do not have an Enduring Power of Attorney and you become incapacitated, someone would be required to make an application for Trusteeship over you. A trusteeship application can be costly, and the person who becomes your trustee may not have been your first choice to manage and control your finances. To ensure that your property and financial affairs are properly managed on your behalf if you ever become incapacitated, it is important that you have an Enduring Power of Attorney.
A Personal Directive is a legal document wherein you are able to appoint someone to make personal decisions on your behalf in the case of incapacity. These decisions would include things like medical decisions, living and working arrangements and end of life decisions. Making your wishes clear in a legal document can lift a heavy burden from your loved ones in the event of your incapacity. If you do not have a Personal Directive and you become incapacitated, your loved ones would need to make a court application for Guardianship in order to make any decisions regarding long term care. This can be costly and it may result in someone other than who you would have chosen making decisions for you.
Probate of Estates
When a person passes away, if they have a Will, the Will governs how the estate is administered. Depending on the type of assets being dealt with, the executor may be required to apply for a Grant of Probate. If a person passes away without a Will, they are said to have died “Intestate”, and the estate will be administered in accordance with the Wills and Succession Act, RA 2010. Depending on the assets to be distributed, the person acting as Personal Representative of the Estate may be required to apply to the courts for a Grant of Administration. Our office is able to help obtain Grants of Probate and Grants of Administration.