Home/Estate Planning

Estate Planning

SRM Lawyers can assist you with:

  • Wills
  • Powers of Attorney
  • Appointment of Enduring Guardians
  • Advance Care Directives
  • the consideration of companies, trusts, self-managed superannuation funds and jointly held property in the context of your estate plan

Regardless of the value of your assets or stage of life, it is vital that you have a valid will that accurately reflects your wishes and covers all possibilities.

If you don’t have a valid will, a standard formula will be used to distribute your property and possessions. Usually, this means your assets will pass to your spouse or children. The situation can become more complex if, for example, you are separated but not divorced, or have children from different relationships. Having a valid will is also vital if you wish to leave gifts to friends or charities.

A Power of Attorney is as important for life planning as the making of a will. It enables your financial affairs to be managed according to your wishes when you are unable or do not want to conduct them personally. This might occur when you are unwell, travelling interstate or overseas, or simply do not wish to be burdened with the day to day management of your affairs.

An Enduring Guardian is someone you appoint to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself. Enduring Guardianship only comes into effect if or when you lose capacity and will only be effective during the period of incapacity. It may, therefore, never become operational. However, it’s a good way to plan for the future and unforeseen situations.

To get things started, we ask our estate planning clients to complete our Estate Planning Questionnaire which provides the basic information required for us to draft your documents. If you would like to complete the questionnaire, we will then contact you to discuss your estate planning requirements and tailor solutions based upon your individual needs and wishes.

Estate Planning Questionnaire

Personal details

Do you have an existing will? *

Details of marriages or de facto relationships

Details of children

Funeral arrangements (optional)

Do you have a preference for burial or cremation?

Choice of executor/s (the person/s who will administer your estate)

Guardian of minor children (if applicable)

Distribution of estate

Your assets and liabilities

Enduring Power of Attorney

An Enduring Power of Attorney allows you (the principal) to nominate one or more persons (the attorneys) to act on your behalf. An enduring power of attorney gives the attorney the authority to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf.

Your attorney/s will need to sign the Enduring Power of Attorney document to accept their appointment.

Choice of Attorney

Appointment of Enduring Guardian

An appointment of enduring guardian document enables you to nominate a person to make lifestyle and/or health decisions on your behalf. It only comes into effect if you do not have the capacity to make those decisions yourself. Decisions that your guardian/s may make can include where you should live, what health care you will receive, what kind of personal services you will receive and consent for medical treatment.

You may give your guardian/s directions about how you want them to carry out their functions. For example, if you appoint your partner as your guardian, you can direct them to consult other family members before making a decision or you may choose to also complete an Advance Care Directive that provides directions as to what healthcare treatments you would like to have or refuse.

Your enduring guardians must consent to their appointment and will need to sign the document in a solicitor’s presence.

Choice of Enduring Guardian

Estate Planning

SRM Lawyers can assist you with:

  • Wills
  • Powers of Attorney
  • Appointment of Enduring Guardians
  • Advance Care Directives
  • the consideration of companies, trusts, self-managed superannuation funds and jointly held property in the context of your estate plan

Regardless of the value of your assets or stage of life, it is vital that you have a valid will that accurately reflects your wishes and covers all possibilities.

If you don’t have a valid will, a standard formula will be used to distribute your property and possessions. Usually, this means your assets will pass to your spouse or children. The situation can become more complex if, for example, you are separated but not divorced, or have children from different relationships. Having a valid will is also vital if you wish to leave gifts to friends or charities.

A Power of Attorney is as important for life planning as the making of a will. It enables your financial affairs to be managed according to your wishes when you are unable or do not want to conduct them personally. This might occur when you are unwell, travelling interstate or overseas, or simply do not wish to be burdened with the day to day management of your affairs.

An Enduring Guardian is someone you appoint to make lifestyle, health and medical decisions for you when you are not capable of doing this for yourself. Enduring Guardianship only comes into effect if or when you lose capacity and will only be effective during the period of incapacity. It may, therefore, never become operational. However, it’s a good way to plan for the future and unforeseen situations.

Estate Planning Questionaire

Personal details

Do you have an existing will? *

Details of marriages or de facto relationships

Details of children

Funeral arrangements (optional)

Do you have a preference for burial or cremation?

Choice of executor/s (the person/s who will administer your estate)

Guardian of minor children (if applicable)

Distribution of estate

Your assets and liabilities

Enduring Power of Attorney

An Enduring Power of Attorney allows you (the principal) to nominate one or more persons (the attorneys) to act on your behalf. An enduring power of attorney gives the attorney the authority to manage your legal and financial affairs, including buying and selling real estate, shares and other assets, operating your bank accounts and spending money on your behalf.

Your attorney/s will need to sign the Enduring Power of Attorney document to accept their appointment.

Choice of Attorney

Appointment of Enduring Guardian

An appointment of enduring guardian document enables you to nominate a person to make lifestyle and/or health decisions on your behalf. It only comes into effect if you do not have the capacity to make those decisions yourself. Decisions that your guardian/s may make can include where you should live, what health care you will receive, what kind of personal services you will receive and consent for medical treatment.

You may give your guardian/s directions about how you want them to carry out their functions. For example, if you appoint your partner as your guardian, you can direct them to consult other family members before making a decision or you may choose to also complete an Advance Care Directive that provides directions as to what healthcare treatments you would like to have or refuse.

Your enduring guardians must consent to their appointment and will need to sign the document in a solicitor’s presence.

Choice of Enduring Guardian