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Wills and Power of Attorney

Why pay a lawyer to prepare your will when you can buy a legal will kit for a fraction of the price? It’s a question we’re often asked.

Sure, there’s nothing to stop you from buying a will kit and filling in the blanks, but there are a few things to consider before you head down that path. Especially because, if you ask any wills lawyer, most wills have at least a few hidden issues that make them less straightforward than they initially seemed.

will lawyers Adelaide and South Australia

Get the right advice

Preparing a will that properly sets out your testamentary wishes is not a simple task. If it is not done properly, there are issues that can really cost your estate after you’re gone.

For example, if you have three children but decide to leave your estate to only two of them, the third child can make a claim for part of your estate. If there is a legal dispute between that child and your other two children, all the legal fees will be paid for by your estate.

That means that when the dispute is finally settled or determined by a court, your estate has been eroded and your loved ones will inherit less.

But if you get good legal advice when preparing your will, you can minimise or avoid this risk.

Signing a will

Most people don’t realise that a will has to be signed and witnessed (executed) in a very specific way. If it is not, probate may not be granted because the Court will not be able to decide with certainty that the will reflects their intentions.

What is probate?

Probate is the process that all wills must go through after a person dies.

Probate is the process of proving the will. That is, proving that the will was properly made and executed in accordance with the will-maker's (testator's) wishes. When probate is granted, the Court is declaring that the will reflects the testator's intentions and it gives permission to the executor to deal with the estate according to the terms of the will. The executor is the person appointed by the will to be the legal representative of the testator's estate after the testator has died.

If there is a problem in getting probate because the will has not been properly executed, time and money needs to be spent to prove that the will reflects the testator’s intentions. Again, the legal fees will be paid for by the estate which will mean there is ultimately less for the beneficiaries to inherit.

If the Court refuses to grant probate, the person may be declared intestate, meaning they have died without a will. A different set of rules will then be used to divide up the estate and the person’s intentions and wishes may be ignored.

We can help

Websters Lawyers can assist you in the preparation of a will that takes into account all of your personal circumstances.

We have lawyers who are wills specialists and well-versed in other legal areas. Quite often, other legal areas come into play when making a will and it’s important that your lawyer is familiar with all the potential issues.

For example, there may be:

  • Parenting issues.
  • A new spouse or domestic partner, along with their children.
  • A separation or divorce, which requires a new will.
  • Superannuation, which requires special advice.

The more consideration that is given to all of these things, the more water-tight your will is likely to be.

Powers of Attorney

Websters Lawyers can also provide advice about Powers of Attorney (POA) and draft one on your behalf.

A POA is a legal document that allows you to appoint a trusted person to deal with your financial affairs in the event that you are unable to manage them yourself.

This may happen if you are overseas, severely ill or incapacitated in some way, for example in a coma after a car accident or suffering a brain injury after a stroke.

Your POA only becomes active if you are unable to act on your own behalf.

A POA does not deal with medical decisions or decisions to be made about the ongoing care of a person. An Advance Care Directive deals with these issues.

Quite often, people choose to use our Personal Estate Planning Package so that they can prepare their POAs and Advance Care Directives at the same time as they prepare their wills. We offer a competitive fee for this service.

Call us now to arrange an appointment to prepare your legal documents. Phone 8231 1363 or click here to make an enquiry by email.

For further information, see our Will, Power of Attorney & Advance Care Directive Brochure and our Probate and Letters of Administration Brochure.

 

 

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Testimonials

Having such a short time frame I was very impressed with the outcome made by [my solicitor]. Excellent and timely manner

Sebastian

Kurralta Park

Very professional mannerism and overall great outcome was delivered by Websters Lawyers.

Nicholas

West Ryde NSW

Helpful, explained fully, patient, excellent service.

Kerry

Ridgehaven

Patient and helpful in explaining the process.

Brian

Ridgehaven

Call Websters Lawyers for a most professional and friendly service. All understanding with [my solicitors] and the reception staff. Thank you so much.

Christine

Magill

Making my will was effortless on my part, with everything explained clearly. Well done to all.

Christina

Highbury

Great service, professional, explains things clearly, definitely recommend Websters Lawyers.

Garth

Upper Hermitage

Patient, professional, good communication about procedures and probable outcomes.

Jeffrey

Brompton

Thank you for all your work over the course of the case. You [both] were always very approachable and I appreciated your understanding and professionalism in all areas.

Alexis

Christie Downs

All in all my experience was great. Thank you for your time and expertise.

Christina

Seacombe Gardens

My matter was dealt with efficiently and was explained in an understandable language. A pleasant experience.

Mary

Ridgehaven

Practical and very helpful. Reasons and explanations given where needed

John

Ridgehaven

I stumbled across Websters in the Yellow Pages and I rang, explained my situation and immediately they took my case on. Greatly appreciate their services.

Diane 

Ridgehaven

The service from Websters Lawyers was outstanding. [My solicitor] was caring, had patience and was very professional. Wonderful personality.

Julie

Yorketown

[My solicitor] made everything so simple to understand. [The receptionist] was wicked too, would recommend them anytime. Level of entire service was outstanding.

Craig

Golden Grove

 

I had dealings with Websters over 20 years ago. They were my first choice when I recently needed legal advice. Both legal and office staff were professional, courteous and accessible at all times. Everything was explained up front in a clear and concise manner. I would not hesitate to recommend their services.

Rod

Dernancourt

It has truly been a pleasure communicating with you throughout the process. I really appreciate your patient and speedy replies to my questions and requests. You were always able to provide an easily understood response and this helped me deal with the process. Your friendly and positive manner encouraged me to seek your advice.

Kathleen

Battery Hill QLD

[My lawyer's] service was prompt and efficient with all questions explained clearly with all our requests carried out within the laws. Overall service was very satisfactory.

John

Wynn Vale

[My lawyer] was excellent. 

Gordon

Glengowrie

Excellent service. Professional. Clear advice and instructions. Prompt actions. Overall 10/10!

Phillip

Ingle Farm

Overall, I was happy with my outcome and my lawyer, would definitely recommend [my lawyer].

Janet

Adelaide

[My solicitor] was excellent at helping us through preparing our wills which were particularly challenging as they involved assets in multiple countries. She was professional and knowledgeable and spent time tailoring the wills to our needs.

Jonathan

Greenwith

[My solicitor] was very helpful, respectful and polite. She made sure I understood the process and documentation of our wills.

Rachel

Greenwith

Professional. Smooth Transaction. 

Luke

Largs North

I found the whole experience from Receptionist to Solicitor excellent. They completely put us at our ease.

Ethel

Smithfield

This was a new experience for us and didn’t have a clue what to do. [Our solicitor] on our first visit put us at ease, explained what will happen, pointed out there was a strong case. [Our solicitor] was genuine in her approach, kept us well informed, explained actions several times with patience and understanding. Overall very happy with the service we received.

Stephen

Elizabeth Vale

[My lawyer] was very reassuring in her approach to my case. I felt that every possibility in terms of evidence to provide and possible outcomes were explained to me, The result of the case was the best possible outcome I could have expected.

David, Belair

 

With no previous dealing with the criminal justice system, [our solicitor] gave us excellent advice and guided us through a nightmare to achieve a just and correct outcome. [Our lawyer] was both forthright and compassionate in her handling of our case.

Malcolm, Belair

[My lawyer] explained all the legal terms in language I could understand – she was very easy to talk to.

Cameron, Munno Para

I felt confident knowing my matter was in good hands. Very professional!

Shravan, Christie Downs

Initial phone call was fantastic and the role of an executor was fully explained.

Penny, Henley Beach

The service I received was efficient and promptly finalised. The solicitor clearly explained the details and I was happy with how easy it was.

Dale, Fairview Park

[My lawyer] was exactly the lawyer I needed in a serious matter. The outcome was as predicted which was a fantastic result. I received prompt professional and personal service at all times. Capable and supportive in a very stressful period.

Jason, Munno Para West

I had any of my concerns answered to my satisfaction and understanding.

Valda, Ingle Farm

[My lawyer] is an excellent professional lawyer who assisted in achieving a great positive outcome/result. I sincerely thank you and your great staff for your assistance and guidance throughout my claim. Would highly recommend [my lawyer], staff and Websters Lawyers. Kept fully informed and guided, professionally throughout the matter.

Rena, Northgate

Our work was dealt with very efficiently and speedily. Our lawyer was very professional, at the same time as being approachable. Communication was great.

Christina, Highbury

My experience with Websters Lawyers was far beyond what I expected. From the moment I spoke to [my lawyer] she made me feel very comfortable and eased my stress. In my case I had a court appearance the day before we were scheduled to fly to Spain, Considering my first appointment with her was only 2 weeks before the court hearing, she was able to obtain the police statement and thoroughly work on my case within that limited time frame. She was very knowledgeable, understanding and confident which greatly relieved so much pressure from me and my family. At court, she explained everything thoroughly and advised me of all the possible outcomes. Price, service and result, very highly recommended. Thank you Websters Lawyers.

Rafael, Davoren Park

I have high expectations and they were met. Websters service was swift, courteous, professional and met the agreed budget. I will recommend Websters to my family, friends and colleagues. Thank you.

Peter, Forestville

I would recommend Websters Lawyers, especially for [my lawyer's] dedication and exemplary attitude and advice. She is the epitome of a good lawyer. The service was impeccable.

Pamela, West Lakes

[My lawyer] was very professional and I was made comfortable to understand.

Gregory, Penfield

I was very pleased with the end result and how well [my lawyer] conducted herself.

Sonya, Glanville

Very professional.

Jesse, Morphett Vale

[My lawyer] has been very prompt , reliable and provided a high level of communication.

Peter, Parkside

My experience at Websters was very positive. The stress was taken from me and I could not be happier with the outcome. [My lawyer] at Websters was professional, personable, available and caring. Thank you for making the experience stress free.

Magda, Holden Hill

Found my lawyer upfront and reliable – I would highly recommend Websters Lawyers.

Lee, Evanston Park

 

Top bunch of solicitors and admin staff. Very friendly and to the point service.

Bradley, Hallett Cove

Websters Lawyers were very professional in their service, I would be happy to recommend them.

Carole, Tea Tree Gully

We would not hesitate in recommending Websters for any legal matter. They are professional and courteous at all times and call back when they say they will.

David and Dianne, Lockleys

 

Contact us

Adelaide Office :
T: ( 08 ) 8231 1363
F: ( 08 ) 8231 5529

Ridgehaven Office :
T: ( 08 ) 8395 8000
F: ( 08 ) 8395 8222

Smithfield Office :
T: ( 08 ) 8487 0150
F: ( 08 ) 8395 8222

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