Wills, POAs, & ACDs

Overview of Wills

A Will is a legally binding document that directs how your assets are distributed after your death. It allows you to appoint an executor, nominate guardians for children, and specify how you want your estate handled. A properly drafted Will reduces uncertainty, minimises disputes, and ensures your wishes are respected.

Key Documents to Protect Your Future

Wills

What Is a Will?

A Will is a legal document in which you decide how you want your property and assets (your Estate) to be managed and distributed, who will care for your dependents, and who will be the guardian of any minor children upon passing away. A Will allows you to specify exactly who gets what part of your Estate (your Beneficiaries). A Will also allows you to name who will have the responsibility for carrying out your wishes about how your Estate should be distributed (your Executor).

Do I need a Will?

Making a Will is the only way you can be sure your Estate is distributed according to your wishes after you pass away. Where family or other people are financially dependent on you, it is even more important that you have a Will - it may continue to give them financial security long after you are no longer with them.

Intestacy

If you do not have a Will and pass away without one, the laws of intestacy will apply. This means that your Estate will go to your spouse or civil partner if you were married or living together at the time of your death, and to your children if you weren't married or living together. It should be noted that the law of intestacy may vary from the South Australian laws for property located outside of South Australia. If you pass away intestate, the law will determine who inherits your Estate and how much they inherit. This can often lead to disputes between family members, which may end up going through the courts.

What is the Process of Getting a Will?

Creating a will involves several steps:

1. Our solicitors will schedule an appointment with you to discuss your wishes and how you would like your Estate to be divided.
2. We provide advice and make observations to confirm your capacity to understand and appreciate the significance of the decisions you are making. You may also wish to explore different options and take advice with respect to assets standing outside of your Estate, including Trusts and Superannuation Fund Entitlements.
3. We will then draft a Will and send it to you for your approval. This is usually conducted in-person, but can be done via email, telephone, or video call.
4. Once you have agreed to the draft, we will organise all the necessary documents, including witnessing, stamping, and filing at the Probate Registry.
5. Once finalised, your Will must be signed by yourself and witnessed by two or more witnesses.
6. You may choose to safely store your Will with us, while you retain a copy.

Updating a Will

Regularly updating your will is crucial to reflect changes in your circumstances. Major life events such as marriage, divorce, the birth of children, or significant changes in assets necessitate updating your will. Reviewing your will every few years ensures it remains current and relevant.

Do I need to update my Will?

It is important that your Will is kept up to date and that your solicitor is informed if any of the following circumstances change since your last Will:

• If you change your address;
• if your Executor changes their address;
• if you change your name;
• if anybody mentioned in your Will changes their name;
• if one of your Executors becomes permanently ill, dies, shifts away, loses touch, or becomes unsuitable;
• if a Beneficiary dies;
• if you have specifically left Property which you subsequently sell, give away, lose, or which changes in nature;
• if your family situation changes, such as by the addition of unspecified children, step-children, grandchildren, nephews, nieces, etc.;
• if a previously nominated Beneficiary has become guilty of "disentitling behaviour";
• if you separate or divorce from your spouse;
• if you marry after making this Will, it will be revoked by force of law unless it is expressed to have been made in contemplation of that marriage;
• if you enter into a permanent relationship being a de-facto marriage, common law marriage, or have been in a relationship for a period of three years and are deemed to be a genuine domestic partner;
• if special arrangements need to be made for any Beneficiary (whether infant or under disability); and/or
• if you wish to become an organ donor or donate your body for anatomical research.

Revoking a Will

A will can be revoked at any time by the testator. Common methods of revoking a will include creating a new will that explicitly revokes the previous one or physically destroying the existing will. It is essential to follow proper legal procedures to ensure the revocation is valid.

Power of Attorney (POA)

A Power of Attorney authorises someone you trust to manage your financial and legal affairs if you are unable to do so. This ensures continuity in the management of your property, banking, and transactions.

Enduring Power of Attorney (EPOA)

An Enduring Power of Attorney continues to operate even if you lose capacity. It provides long-term security by allowing your appointed attorney to make important financial and legal decisions on your behalf.

Advance Care Directive (ACD)

An Advance Care Directive sets out your preferences for healthcare, lifestyle, and personal care. You may also appoint a substitute decision-maker to act for you if you are unable to express your wishes. This document provides clarity for your family and medical team during critical moments.

Legal Considerations

Capacity and Compliance

These documents must meet strict legal requirements to be valid. Ensuring proper signing, witnessing, and capacity helps prevent future challenges.

Choosing Executors and Attorneys

Your executor and attorneys should be trustworthy, capable, and able to manage complex decisions. Choosing the right people ensures your affairs are handled responsibly.

Regular Reviews

Your documents should be updated after major life changes such as marriage, separation, new children, or significant asset changes. Regular reviews ensure your instructions remain accurate and enforceable.

Why Choose Wadlow Solicitors for your Will?

Expertise and Precision

Wadlow Solicitors prepares legally sound Wills, Powers of Attorney, Enduring Powers of Attorney, and Advance Care Directives tailored to your circumstances. We focus on clarity, validity, and long-term protection.

Trusted Guidance

We provide straightforward, practical advice to ensure your wishes are respected and your future decisions are safeguarded.

Contact Us

To prepare or update your Will, Power of Attorney, Enduring Power of Attorney, or Advance Care Directive, contact Wadlow Solicitors today. We help ensure your plans are secure and legally enforceable.