A Will is a written declaration whereby you appoint an Executor to administer your estate after your death, discharging your liabilities and distributing your property as directed by you in your Will.
In order for your Will to be a legal and binding document you must observe the following:
- You must sign your Will at the foot of each page in front of two witnesses who are over the age of 18. Both witnesses must be present when you sign.
- Both witnesses must also sign your Will at the foot of each page.
- A beneficiary can witness a Will. An Executor can too but this may lead to assumptions being made that could lead to difficulties so it’s better not to.
- You should keep the signed original of your Will in a safe place and you should advise your Executor(s) of your Will as to its whereabouts.
- We can hold your Will in our safe custody free of charge until you pass away or if you prepare a replacement Will. If you require the Will to be retrieved from storage during your lifetime and you do not intend on preparing a new Will with us, there is a retrieval fee of $25.00 for us to obtain the Will back from storage.
- There should not be any papers pinned, stapled or otherwise attached to your Will.
- You should not write on your Will.
- You should locate and destroy any former Wills that you have prepared.
The Enduring Power of Attorney document is designed to enable a person to take control of your affairs should you become ill or unable to manage your own affairs. (eg. In the case of Alzheimer’s disease or stroke). The person appointed as Attorney must be over the age of 18 and, because the position is one of total control over your financial affairs, must be someone who can be relied upon with confidence and trust.
You may also appoint an independent party to act as a professional trustee, such as a trustee company, solicitor or accountant. You can cancel the Enduring Power of Attorney document at any time.
In order for your Enduring Power of Attorney to be a legal and binding document you must observe the following:
- The person described as the “Donee” of your Enduring Power of Attorney is the person or persons you have appointed as your Attorney or Attorneys.
- You must have your signature on the document witnessed at the time you are signing it by two persons of whom one must be a person who is capable of taking declarations, e.g. Justice of the Peace, doctor, accountant, lawyer, public servant, police officer, chemist. The other person can be any adult person (18 years and older) but not someone that you have appointed as your Attorney(s).
- The Enduring Power of Attorney document must be dated on page one.
- The Donee or Donees should sign and date the “Acceptance of Attorney” on page two (in this instance,
- no witnesses are necessary).
- You should keep the signed documents in a safe place and you should let the Attorney(s) know where
- the document is kept.