Wills, Powers of Attorney & Enduring Guardianships

A comprehensive Will and estate plan ensures that you have certainty and peace of mind knowing your personal and business affairs are in order.

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Rayners Lawyers Wills:

Appoint people you trust to be the guardian for your minor children

Provide the option for certain beneficiaries to receive their inheritance in a testamentary trust (rather than as a direct gift), which may provide significant tax benefits and assets protection benefits for the beneficiary

Creative solutions for blended families

Specify the age you would like your beneficiaries to be able to control their own inheritance

Appoint back-up executors and controllers so you have a contingency plan in place
Provide for a severely disabled beneficiary by incorporating a Special Disability Trust to protect their entitlement to the Disability Support Pension.

Put in place steps that can be taken by you now to minimise the risk of someone challenging your Will or bringing a successful family provision claim against your estate

PREMIUM WILLS GUIDE

Protect your assets and give the gift of increased wealth to the ones you love most.

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POWERS OF ATTORNEY AND ENDURING GUARDIANSHIPS GUIDE

Simply fill in your details and we will email you a copy of the guide.

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Statutory Wills

It is also possible for minor children and people lacking testamentary capacity to make statutory Wills or ‘court-authorised Wills’.

Statutory Wills are appropriate when:

A minor child has received an inheritance or is generating their own income
A person with an intellectual disability is likely to receive substantial assets by inheritance or compensation
A person with sizable assets has lost capacity due to dementia
Where the rules of intestacy, which set out which relatives automatically inherit, are inappropriate

Know the circumstances under which you should change your Will.

Changing Your Will

Superannuation

Superannuation death benefits are often our second largest asset after the family home. Who do you want to receive your super? Certain beneficiary nominations provide greater taxation benefits than others. We can help you to minimise the tax payable on the receipt of your death benefits.

Power of Attorney

A Power of Attorney is a very important and powerful legal document that allows someone, known as your attorney, to make financial decisions on your behalf when you’re not able to or simply do not want to. You might have lost the capacity to manage your finances through old age, accident or illness. Alternatively, you may simply lead an extremely busy lifestyle and would prefer someone else to manage your financial and legal affairs on your behalf.

WHAT POWERS CAN YOU GIVE YOUR ATTORNEY?

The law sets out the powers that can be exercised by your attorney. If authorised by you, your attorney could do anything on your behalf that you are lawfully authorised to do so long as it is in your best interests. Your attorney could pay your bills, manage your superannuation and other investments, buy and sell real estate on your behalf, buy and sell shares on your behalf and make transactions using your bank accounts.

Rayners Lawyers’ Powers of Attorney are tailor-made to suit your personal and financial circumstances. We can include appropriate conditions and restrictions on your attorney’s power. For example, you may wish restrict your attorney’s power to sell your family home or to alter who you have named as the beneficiary of your superannuation.

Power of Attorney Client Guide

Enduring Guardianships

An essential legal document that appoints someone you trust to make medical, lifestyle and accommodation decisions on your behalf in the event of your incapacity.

Appointing a guardian will give you peace of mind that the person you trust the most will be consulted to carry out your wishes.
Only effective in the event that you become totally or partially incapable of making healthcare decisions for yourself, for example, due to an accident, disease, serious illness or injury.
Rayners Lawyers prepare bespoke enduring guardianships which are suitable to your circumstances and reflect your wishes.
Set out specific directions to your guardian regarding your healthcare and accommodation wishes such as specifying that you would like to be cared for in your home rather than be placed in a nursing home or other care facility.
Specify the circumstances in which you would like to cease receiving medical treatment and to receive palliative care only. For example, if you are in the terminal phase of an incurable or irreversible illness or in a persistent vegetative state. This may include turning off life support, assisted ventilation, artificial nutrition, artificial hydration and not consenting to CPR.
Your loved ones will benefit immensely from seeing your wishes documented in black and white, particularly if they are forced to make difficult end of life decisions for you. Your loved ones will have peace of mind knowing that they have carried out your wishes in accordance with your own directions.

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Letter of Wishes

A letter of wishes is a confidential document addressed to your executor and provides guidance in relation to managing your estate. It sets out your detailed wishes with respect to the guardianship of your minor children, your pets and your digital assets. It also specifies the people and organisations your executor needs to notify of your death including your banks, utility providers, clubs, subscription services (Netflix, Foxtel, etc), reward programs such as Qantas and Flybuys, your accountant, financial advisor and medical professionals.

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Business Succession Plans

Other entities you control, including companies, partnerships and trusts are often not covered by your Will. We can assist you with preparing appropriate succession documents to ensure that the people you want to take over these entities in the event of your death or incapacity are validly appointed.

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