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   (02) 9519-5030

   info@celaw.com.au

Protecting the individual during illness and loss of mental capacity ensuring the proper distribution of inheritances after passing are difficult topics to discuss but will give you peace of mind if discussed and considered sooner rather than later.  We will address your concerns, educate you as to your rights and powers, and so give you control.

Wills & Estates services include, Wills (of course), changes to Wills (called codicils), financial powers of attorney which can be enduring or or time specific, medical enduring guardian appointment and advance care directive, which goes into great detail for the limits of what treatments you will and will not accept, also extending to do not resuscitate directions and palliative care instructions.

If you are mobile, visit our Newtown offices.  If you are frail, in hospital, a nursing home, palliative care, we can visit you or your loved one.  We can also arrange RPA (Royal Prince Alfred) hospital visits in emergencies or critical situations.

“When we bought our business in 2009, Nic Clayhills professionally guided the process to completion, there was no stone unturned. Four years later and Nic’s due diligence is invaluable. When we engaged Clayhills we didn’t understand that we would be forming one of our most important business relationships. Nic, over the years has successfully advised and represented us. I could not recommend Nic more highly”
  • “Family law conflicts are very difficult to negotiate both personally and to the non-lawyer confronted by the confusing legal system. Having previously had a very bad experience, we felt supported and properly advised in our journey through the family law system and continue to be most grateful to Kate and to Nic for providing us with state of the art professional and personal advice.”

    LB

    Clovelly, NSW

Common Wills & Estate Planning Questions

  • What if I have no Will?
    If you do not have a Will, your estate is “intestate”. This means that your estate property is distributed according to a list set out legislation. This list may exclude your unmarried partner. So, a written Will allows you to distribute your property according to your wishes without having to ‘prove’ a relationship.
    It also costs more to wind-up an intestate estate (i.e. without a Will)
  • And the beneficiaries are …
    It is important to choose who will receive your estate, and in what share and priority.  Your estate is basically your house, super, cash and possessions.  Sometimes, you will need to give away business interests or trusts as well.  Occasionally, we will need to consider what to do with debt too.
  • Can I ‘give’ my estate in different ways?
    Yes, you can give away your property in many ways, including gifting cash, transferring real estate and shares, giving specific gifts, donating legacies and establishing children’s trusts.
  • What form does a Will take?
    Ideally written and witnessed in a formal way.  In rarer situations it can be written on a napkin, be in draft or whispered on a death bed.  In whatever form it may take, one major issue is the Will writer’s mental capacity, did they know what they were doing at the time their Will was made.

  • What else should I think about?
    Some other matters to think about are:

    – Who will administer (run) my estate and how will they do it?

    – Who are the beneficiaries? What happens if they are under 18, or die first?

    – Do I want organ donation?

    – What kind of funeral ceremony and burial do I want?

  • How often should I update my Will?
    Every time something big or important in your life changes.  This includes starting or ending a relationship, having or planning children, and buying or selling significant assets.  Caution dictates that you check in with your lawyers every 5 to 7 years at least.