If you have any assets, then you need a will. This is the way to direct how they are distributed. You don’t need to list all of your assets, and it is unwise as you may not have them before you die. Furthermore, an executor is the person who ensures that the directions in your will are carried out. Ideally he/she should be a spouse, child or close relative–someone you trust. People sometimes appoint solicitors or trustee companies if disputes are likely to arise. You will need to update your will, especially if the following applies to you:
Your will is only effective when you die. Who can sign legal documents for you if you become incapacitated, mentally ill or even if you are just overseas?
You need a Power of Attorney which is a document appointing someone as your signatory. You should appoint someone you can trust absolutely such as a spouse or child because he or she will have full power to deal with your assets.
You can write your own, however if you lose your mental capacity the form will be valid only if you had it explained and witnessed by a lawyer.
If you are unsure, please telephone one of our solicitors at no fee.
When you come to see us we do not do just simple conveyancing. We give you the benefit of years of experience of knowing what to look out for when there is a possibility of a costly court case. We advise you on fencing problems, easements, sub-division, covenants effecting the title and zoning issues.
The trustee can be a company or natural person. In our precedents beneficiaries are defined widely to include companies and trusts in which the ‘principal’ is a director or shareholder. The trustee can be a beneficiary. Includes sample minutes.
The trustee can be a company or natural person. So that the deed can be established quickly, the deed provides for one initial unit-holder. Includes sample minutes and register of unit-holders for assistance of accountants. Additional units are easily issued.
This is two discretionary trusts in one. Requires equal division between two ‘principals’ or families, with the discretionary aspect applying within those families.