Wills and Estates

Marjason & Marjason Solicitors have a number of experienced solicitors who would be happy to assist you in drafting your Will, Power of Attorney or Enduring Guardian.

What is a Will?

A Will is a legal document that set out who receives your property and possessions when you die.

What happens if you die without a Will?

If you die without a Will, then you die intestate. There are laws around intestacy and a predetermined formula that allocates your property and possessions to members of your family. This will usually mean that your assets pass to your spouse or children. However, neither you nor your family will have any say in who receives what from your estate.

Can I use a DIY Will Kit?

Marjason & Marjason Solicitors along with the Law Society of New South Wales advises against the use of DIY will kits. The laws surrounding wills and estates can be complex, and a DIY will kit may not be sufficient to carry out your wishes and is more likely to be contested.

Leaving out important information or creating a contradiction between what’s listed in your will and what your actual circumstances are, can cause difficulties and even cause your will to be deemed invalid.

What is a Power of Attorney?

A NSW Power of Attorney gives a nominated person the power to act for you in legal and financial matters.

A Power of Attorney can be either a General Power of Attorney or an Enduring Power of Attorney:

• a General Power of Attorney operates for a specified time period e.g. while you’re overseas or in hospital; and
• an Enduring Power of Attorney operates when you can no longer make decisions for yourself.

An ACT Power of Attorney covers your legal, financial, personal, and health care matters.

The Power of Attorney you are able to make will depend upon which state you’re currently residing in.

What is an Enduring Guardian?

An Appointment of Enduring Guardian allows a nominated person to make medical, health care and other personal decisions for you when you can no longer make these decisions for yourself.

If you have a question, want some more information or would just like to speak to someone, make an enquiry now by calling (02) 6147 1600 or emailing us on info@marjason.com.au.