Wills & Estate Planning

Your Will

A well-considered and professionally drafted Will helps to ensure your testamentary wishes are adequately stated and protected when it comes to administering your estate. It also assists your loved ones as they will not be left guessing how you would have liked your assets and property distributed once you have gone as well as providing a clear administrative pathway for them to follow.

Further, without a will, if you do not have contactable next-of-kin, your estate may be distributed to the government.  

It is not a good idea to leave it up to Intestacy laws to determine how your property is distributed on your death or to rely on a Will kit without seeking legal advice as your personal circumstances, family structure and history can influence the way your estate is distributed. Most people have witnessed the huge emotional upset and financial cost involved to family and loved ones when a person's Will has been poorly or carelessly drafted.  In many cases, it is your family and loved ones who pay the price.

The Succession Act 2006 and Family Provision laws create a large class of people who are entitled to challenge the validity of your Will or seek to have the Court alter its terms in their favour. How easily such a challenge is undertaken depends on how well your Will is drafted. 

Depending on your individual circumstances, it can be necessary to also draw upon the expertise of specialist consultants and accountants to help to provide you with a well-drafted Will. 

Power of Attorney

A Power of Attorney allows you to authorise another person or persons to manage your financial affairs if you are unable to yourself. An example of this may be if you wish to purchase or sell property but you are travelling overseas and cannot provide your signature or authority in person but wish for another trusted person to represent you. This appointment can be limited to a short period of time.

An Enduring Power of Attorney aims to protect your financial choices in the event that the unfortunate situation arises whereby, during your lifetime, due to illness or accident, you lose capacity to manage your own affairs. Without an Enduring Power of Attorney, the control of your financial affairs will be taken out of your hands and the hands of your trusted loved ones.

No one should be without an Enduring Power of Attorney and an Enduring Guardianship Appointment. 

Enduring Guardianship

We increasingly want a say in how we want to be treated, where we will live, whether we are hospitalised or cared for at home and about the medical treatment we receive.  It is a surprise to many of us that, if we are not well enough at the time, such decisions can be made by health care providers and institutions rather than by our trusted loved ones. It is only through creating an Enduring Guardianship Appointment that we can legally appoint and empower trusted loved ones to give instructions to institutions and health care providers in our stead and to make sure that our wishes as to the medical treatment we receive and how we receive it will be honoured and carried out. 

No one should prepare a Will without also preparing an Enduring Power of Attorney and an Enduring Guardianship. 

By appointment at Boat Harbour NSW, via telephone or video conference.

Servicing the people of New South Wales, Port Stephens including Anna Bay, Nelson Bay and Salamander Bay, Newcastle, the Central Coast, the Hunter region and Sydney.

Opening Hours
Monday to Friday - 9:00am to 5:00pm  Closed - 1:00pm to 2:00pm
Phone:  (02)  4032 5673 - Email: rcw@rcwlaw.com.auPost & Office: 7 Vantage Place, Boat Harbour NSW 2316  Port Stephens (By appointment)
In-person, online and mobile services available

Phone: (02)  4032 5673

Email: rcw@rcwlaw.com.au