Estate Planning involves strategies to manage assets in the event of incapacity and distribution of assets following one’s death. A structured estate plan ensures successful transfer of your assets to the next generation in a way that is tax effective and ensures that expensive and stressful estate litigation is avoided.
Amity Legal specialises in the following areas of Wills, Probate & Power of Attorney services:
Make a Will
A Will is one of the most significant documents a person can make in their lifetime. Having no Will, or a poorly drafted one, can have serious financial and other implications for your loved ones.
At Amity Legal, we ensure your Will considers all your assets, including assets held personally, or in a trust, company, or superannuation fund. We focus on ensuring that your assets are successfully transferred to your loved ones.
Get StartedEnduring Power of Attorney
For estate planning purposes, an Enduring Power of Attorney allows you to nominate person/s to manage your legal and financial affairs in circumstances when you lose the capacity to make decisions. If you have not made an Enduring Power of Attorney, no one will be authorised to make financial and legal decisions on your behalf, not even your spouse or your partner. Therefore, it is imperative that you make the Enduring Power of Attorney while you have the capacity to make it.
If you are thinking of appointing an Attorney under an Enduring Power of Attorney, then it is important to seek expert legal advice as quickly as possible. Contact Amity Legal today and speak with one of our specialist solicitors.
Get StartedEnduring Guardian
An Enduring Guardian is someone you legally appoint under The Guardianship Act 1987 (NSW) and The Guardianship Regulation 2016 (NSW) to make decisions about your health and lifestyle when you lose decision-making abilities due to illness, injury or disability which may be temporary or permanent. Enduring Guardian may make decisions on where you live, the personal services you receive, what healthcare you receive and to consent to medical and dental treatments for you. However, they cannot make financial and legal decisions about your money or property on your behalf (see Enduring Power of Attorney).
Many clients ask us why I need an Enduring Guardian when we have a Power of Attorney. Whilst a Power of Attorney allows your Attorney to manage your finances or property, it cannot authorise someone else to make personal decisions on your health or lifestyle decisions for you. A Power of Attorney and appointment of an Enduring Guardian complement each other. This way you can handle both your financial/property and personal/lifestyle affairs.
It is a relatively simple process to appoint an Enduring Guardian, however the consequences can be varying. At Amity Legal, we will advise you and your selected Guardians about the implications of such appointment and about your options to help you to consider various scenarios in order to prepare essential documents and finalise the process for you.
Get StartedProbate
Probate is a legal process that concerns finalising a person’s affairs after their death. It usually involves an application for a Grant of Probate being made to the Supreme Court where there is a valid Will, or an application for a Grant of Letters of Administration where there is no Will.
At Amity Legal, we do the paperwork and guide you through the process of applying for a Grant of Probate or for a Grant of Letters of Administration. Our team can provide you with an exact quote, precise steps, and the estimated timeframe for the completion of the process. Where there is an executor appointed under a Will, the instructions in such matters are usually given by the executor themselves, or in the case where there is no Will, instructions can be given by the next of kin.
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