WILLS, ESTATE PLANNING & DECEASED ESTATES

Wills & Estates Lawyers Melbourne

At Nevett Ford, we understand that each client is unique and provide tailored solutions for your estate now and in the future.

Many people are reluctant to think about making a Will as death is not a pleasant topic to consider, however making a Will or thinking about your estate is important to complete while you have the time and capacity to do so. Often we see people leaving arrangements too late after they have lost capacity or when they may feel under some form of pressure to make arrangements. Our team has extensive experience and expertise and can guide our clients through the preparation of Wills, Powers of Attorney and Estate Plans.

Packages and Pricing

Planning for your future has different value to different people. That’s why we work with you to determine what type of work we can assist with, what value you derive from it, and finally a fair rate for you to pay and afford in having us assist you.

Nevett Ford offers transparency in our prices when preparing straightforward or standard Wills and Powers of Attorney and offer the fixed price packages below to our clients (all prices are exclusive of GST). When preparing more detailed and complex Wills or Estate Plans, as these are tailor-made for each client, a fee estimate will be provided at your first consultation once your individual circumstances are known.

 

Single Will $550

Consultation with a Nevett Ford Lawyer to create your standard Will

Single Powers of Attorney $550

Consultation with a Nevett Ford Lawyer to create your Enduring Power of Attorney and Appointment of Medical Decision Maker

Single Package $950

Consultation with a Nevett Ford Lawyer to create your standard Will, Enduring Power of Attorney and Appointment of Medical Decision Maker

Partner Wills $950

Consultation with a Nevett Ford Lawyer to create your standard Wills

Partner Powers of Attorney $950

Consultation with a Nevett Ford Lawyer to create your Enduring Powers of Attorney and Appointments of Medical Decision Maker

Partner Packages $1650

Consultation with a Nevett Ford Lawyer to create your standard Wills, Enduring Powers of Attorney and Appointments of Medical Decision Makers

Wills and Codicils

There is a misconception that only wealthy people need a Will. This is not the case at all and every adult should consider making a Will.

When do I need a Will?
If you are asking yourself this question, the chances are you already need a Will. A Will is an essential tool in ensuring that your property and assets will be divided in accordance with your wishes. A Will provides clear instructions which is likely to make the process a lot easier for your loved ones upon your death.

What happens if I don’t have a Will?
If you die without a valid Will, your assets will be divided according to the laws of intestacy and could mean that your property and assets may not go to the people you want. For example, most spouses will choose to leave everything to each other and if their spouse dies before them, then to any children you have. If you die without a Will, your spouse may not receive your entire property and assets as under strict intestacy formulas, your children are also entitled to benefit.

At what age do I need a Will?
Anyone over the age of 18 can make a Will. Those under the age of 18 can also make a Will however it is a matter that is dealt with through the Court system. There is no need to wait for a significant event to occur in your life like the arrival of children, breakdown of relationship, etc to make a Will however, it is important that when these events occur, you review your Will and update it if necessary.

Common misconceptions about a Will

My family know what I want and they will deal with it

Without a Will, your family may not have the power to make those important decisions. They will be required to adhere to what the law says about things such as who will administer your estate, who will get your property, when they will get your property and who will authority to look after your children.

My family will never argue about money or my estate

While this may be something you believe, unfortunately it is not always the case, Grief and money can be a bad combination and can result in all sorts of strong emotions. By leaving a Will and clearly setting out your wishes, there is a lesser chance of these disputes occurring.

A Will only needs to be made once

Many people believe that once a Will is made, it is indefinite. This is correct however a Will can be revoked or amended when circumstances change such as your appointed executor has passed away, you get married, specific gifts you have made in your Will are longer owned by you or you have grandchildren that you would like to include. If you would like to make a slight amendment to your Will, you may wish to consider making a Codicil which is a additional document used to make minor changes, amendments or alterations to your existing Will.

I must be buried in accordance with my Will

We suggest including instructions in your Will about your wishes (burial, cremations, organ donation, etc) however these instructions are not binding and only provide details of your wishes.

Powers of Attorney

A Power of Attorney is a legal document that authorises a person (the attorney) to act on your behalf. Depending on the type of power given, the attorney may be able to make financial, legal and personal decisions for you when you are incapable of doing so.

Apart from a general Non-Enduring Power of attorney that may be used for a specific purpose (eg: signing of a particular document on your behalf), there are two others Powers of Attorney that Nevett Ford can assist you with.


Enduring Power of Attorney
This authorises your attorney to make financial and/or personal decisions on your behalf. A financial power includes anything related to your finances or property whereas the personal power is in regard to your personal matters such as your lifestyle.

You can appoint more than one person to be your attorney and can also provide certain conditions on the powers provided. Should they not be able to act on your behalf, you can also appoint an alternative to act in their place.


Appointment of Medical Decision Maker
A Medical Decision Maker is an adult you have appointed who will be able to make decisions regarding your medical treatment when you are not capable of being able to do so yourself. As your Medical Decisions Maker is to made decisions that they reasonably believe you would have made if you could, regardless of whether they agree or disagree, you need to give careful consideration to who you appoint with this power. You can appoint more than one Medical Decision Maker however, only one can made decisions for you at any one time.

Estate Planning

An Estate Plan if done correctly, can provide an effective plan for yourself and your loved to ensure that your assets are protected and dealt with in accordance with your wishes upon your death. People sometimes think that all that is required to achieve this a Will however while essential, there are other considerations and documents that may be required. No two people are the same and at Nevett Ford, we will provide an individual strategy for you, based on your circumstances which may include:

Your Will

Powers of Attorney

Testamentary Trust – A testamentary trust is a trust created by your Will which will only commence upon your death and provides a hold on your assets so that an appointed Trustee can eventually distribute the assets to beneficiaries at such time as your trust provides (eg: upon the age of 21 years, etc).

Advance Care Directive – An Advance Care Directive is supplementary to your Appointment of Medical Decision Maker and provides your Medical Decision Maker with a record of your wishes regarding your treatment.

Statement of Wishes – A Statement of Wishes is supplementary to your Will and whilst not legally binding, it can provide further information to your executor/s as to the administration of your estate.

Taxation Information – Upon your death, there can be many taxation implications that your executor may need to deal with and can relate to superannuation, tax returns, family trusts, capital gains on property, etc. Through an examination of your property and assets, we can identify where there issues may arise in advance.

OUR WILLS AND ESTATES TEAM

Peter Lumb
Andrew Lumb
Richard Hamilton
Stephanie Chafer

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If you would  like to make your will, power or attorney, estate plan or have any queries and would like one of our team members to contact you, please complete the below details and we will contact you shortly.

    Contact us

    Nevett Ford Melbourne Pty Ltd

    ABN: 144 697 790

    Level 16, South Tower, Rialto Building, 525 Collins Street
    Melbourne, VIC 3000