- Complete our Secure On Line Form to obtain a quote. (Obligation free)
- We will provide you with a quote and timeline to complete.
- Once you accept the Quote your Will/s and/or Power of Attorney/s shall be drafted.
- Once you have placed funds to cover the cost in our Trust Account then we shall organise a telephone conference where a Solicitor will provide you with specific advice as to the nature and effect of your document/s. You will then be forwarded the document/s with instructions, for you to execute (Sign).
- Minor amendments can be made at no additional cost.
- You can execute the document/s by attending our office or elsewhere, at your convenience.
- You may deposit the document/s at our office to be secured in our Safe.
Will & Power of Attorney
The preparation and planning of your will is a task often avoided.
It is natural to neglect talking to someone about family and assets should something happen to us. However, it is an incredibly important task and it is a task that our understanding team at Hodgson Lawyers will be able to assist you.
A succession plan must be in place that makes the transition easy not only for yourself but also for your family or employees and that minimises the chances of the business having to be sold up when you leave.
At Hodgson Lawyers, we offer one of the easiest and most cost-effective ways to prepare a valid will.
A simple will essentially appoints one or two persons as Executors of your Estate and distributes the Residuary of your Estate to your spouse and/or children.
A more complex Will involves Estate Planning, blended families, setting up trusts and excluding dependents. Estate planning goes beyond drafting a will – it includes:
- The assessment of assets
- Advice regarding the possibility of claims against the estate by third parties
- The protection of assets
- Estate planning is an active process of re-evaluating the estate when circumstances in life change, such as marriage, divorce, buying or selling of major assets such as your home or a change in business ownership.
A successful plan is made involving all family members as it will take into account not only provisions for your retirement income but also the plans, aptitudes and existing assets of younger generations.
If your wishes go beyond a simple Will then we suggest you start this process with a 30 minute free consultation.
YOUR WILL in a few easy steps
Simple Will $440.00
Simple Will and Power of Attorney $550.00
Joint Simple Wills $660.00
Joint Simple Wills and Power of Attorney’s $742.00
Testamentary trust from $1,320.00
Complex Wills by quotation.
Note: 20% discount for pensioners. Prices inclusive of GST and are as at November 2019 and subject to change.
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What is a Will
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.
Why do I need a will?
Those who do not have a valid will are known to die ‘intestate’.
The term also applies where a will only specifies actions for part of an estate, with the remaining provision declared ‘intestate’.
In order for your will to be legally binding, it needs to be properly witnessed and signed. While you can use a template, it’s advised you discuss your requirements with a legal professional to ensure everything is as you wish. At Hodgson Lawyers we are experts in the legal process of making a will, so don’t hesitate to get in touch and we will be happy to assist you.
A concise will may also help your family avoid a lengthy probate process. The clearer your wishes, the simpler and swifter the process will be.
You can also use your will to disinherit any individual you do not wish to benefit from your death, with clear specification as to why.
Any new will and testament you make supersedes any previous versions and, once signed, revokes the contents of such.
Your last will and testament has no legal authority prior to your death.
What is the purpose of a will?
Ensuring your spouse or partner receives all your possessions. If this request is not clearly specified within your will, they may not automatically do so, which may lead to challenges or disputes of your will
Appointing a legal guardian for any children who are minors (classified as aged under 18) at the time of your death. This guardian can also be appointed to manage any inheritance your children may receive until they reach their majority
Appointing those you wish to manage any specific part of your estate
Specifying what you wish to happen to your property or possessions should your named beneficiaries die before you
Designating any specific bequests such as heirlooms or artwork, plus any charitable donations
Your specific funeral wishes, such as whether you wish to be buried or cremated and any ceremony-based requests
Haven’t found what you are looking for?
A Power of Attorney
General power of attorney
A general power is used to deal primarily with financial and legal matters, other than to exercise powers for personal matters as defined in the Act.
This type of power has no effect once a person becomes incapable. See section 18 of the Powers of Attorney Act 1998. It is often used when a principal expects to be absent from the jurisdiction for a particular period and wishes their attorney to deal with ongoing matters during the principal’s absence.
If the principal does not want the attorney to have unlimited powers, this can be provided in the form.
Enduring power of attorney
An enduring power is used to deal primarily with financial matters and/or personal matters for the principal who could lawfully do them if they had the capacity. Personal matters include health matters but do not include ‘special personal matters’ or ‘special health matters’. See Schedule 2 of the Powers of Attorney Act 1998.
A principal may only give a direction about a special health matter in an advance health directive. Alternatively, in particular circumstances the tribunal may consent to special health care. See section 68 of the Guardianship and Administration Act 2000.
The power may be limited, as indicated in the form.
If an attorney's power depends on the principal having impaired capacity, a person dealing with the attorney may ask for evidence, for example, a medical certificate to establish that the principal has the impaired capacity.
Section 29 of the Powers of Attorney Act provides for an attorney's eligibility for appointment.
The functions and duties of the attorney are set out in the Act as varied by the appointment.
What is the purpose of a Power of Attorney
However, as a matter of good practice, when preparing powers of attorney they should be drawn as enduring powers of attorney thereby providing for the unforeseen circumstance that might see the principal unable through sickness or accident to run their own affairs. There is no need to have the attorney sign acceptance of the power until it is required for use and if kept with the principal's will there is no opportunity for misuse.
at which time the attorney must continue to act in the best interests of the principal even though unable to obtain authorisation from the principal.
A power of attorney that contains specific conditions and limitations is considered to be a limited power of attorney, and restricts the attorney’s authority to carrying out only the acts specifically listed within the power of attorney, subject again to restrictions that limit the things that a principal can lawfully authorise an attorney to do.
When appointing an attorney, a principal needs to consider closely the scope of the authority that they wish to give to their attorney, and recognise that a general power of attorney should only be given to an attorney such as a spouse, who can be trusted not to abuse or misapply such a wide authority.
What an attorney can’t do
Give consideration to the fact that, whilst an attorney can be authorised to do, on the principal’s behalf, almost anything the principal can lawfully do, an attorney cannot be authorised to carry out an unlawful act or do certain things. For example, an attorney cannot:
(a) vote for the principal;
(b) make decisions about the care or wellbeing of children, or about adoption or surrogacy or matrimonial/personal partner matters;
(c) make or revoke a will or power of attorney;
(d) manage the estate of the principal after their death.
Diference between a Power of Attorney and an Enduring Power of Attorney.
An enduring power of attorney continues to have effect even after the principal loses capacity.
In order for the power to be an enduring power of attorney the instrument must express that it will continue after the principal lacks capacity