Your will is a legal document that describes your final wishes about how you want your estate to be distributed upon your death. It allows you to appoint an executor who is the person responsible for making sure your wishes are carried out. You may also bequest specific gifts, such as a family heirloom or a special piece of jewellery to someone special . A clear will ensures that your estate is distributed how you wished.
.. "But, I have nothing ... Im too young .... it will all just go to my family anyway".
If only it were that simple.....
Even if you think you have nothing of value it is still worth having a will.
You will save your family and loved ones a great deal of anxiety and pain if you have left a clear will that outlines the reason why these decisions were made.
At Wills on Wheels, we can help you identify issues specific to you and your circumstances.
Wouldn't you prefer to ensure your loved ones get your estate?
Advance Care Directive
You are lying in hospital, unable to communicate your wishes to your loved ones. They are upset, confused and don't know what to do. It all happened so suddenly.... Doctors are waiting for a decision....
You never know when you will be unable to make decisions for yourself or communicate to your loved ones and doctors what is important to you. An Advance Care Directive (ACD) allows you to formally express your wishes regarding your future medical care and lifestyle care. You can nominate one or more people to make decisions for you if you are not able to make or communicate your wishes. Importantly, an ACD allows you to have the say about your future care, and it helps your family, and carers to know what health treatment you would like as well as outcomes or treatments that you wish to avoid – such as being placed on life support or being resuscitated if you are in the final stages of terminal disease or illness, when such treatment would only prolong the inevitable.
If you do not have an ACD in place your family or caregivers may need to make application to the South Australian Civil and Administrative Tribunal (formerly the Guardianship Board). The Tribunal will then arrange for a hearing and they will appoint a person or people to make medical decisions for you.
Wouldn't you prefer to appoint your own decision maker?
Enduring Power of Attorney
Suppose one day you’re wandering along the footpath, when a car swerves to miss a child running onto the road to chase a ball, and the car mounts the curb, and hits you, flipping you into the air.
You wake up in hospital five days later, with no recollection of what happened or any idea who the people are who come into your room, kiss you and sit down to talk.
You may not always be able to manage your financial affairs - you may be ill, suffer a disability or be in an accident. An Enduring Power of Attorney is an important legal document in which you give someone else (called your Attorney) the power to manage your legal and financial affairs if you are unable to do so yourself. It is important to chose your attorney wisely as the decisions they make on your behalf, have the same effect as if you made them yourself. Many couples choose to appoint their spouses in the first instance as their Attorney with one or more children in reserve if both are injured or away overseas.
If you do not have an Enduring Power of Attorney in place your family or caregivers will need to make application to the South Australian Civil and Administrative Tribunal (formerly the Guardianship Board). The Tribunal will then arrange for a hearing and they will appoint a person or people to make financial decisions for you.
Wouldn't you prefer to appoint your own decision maker?
Deciding to move into a retirement village is a big decision - not only is it a big lifestyle decision, but it is also a big financial decision.
There are so many providers in the community and the contracts are lengthy and wordy.
We can help you to identify the key issues that relate to your contract such as:-
The initial contribution – how is it paid?
What are the ongoing charges?
Is there a sinking fund?
How much do you get back when you leave?
How is the refund paid to you and when?
What other fees are payable when you leave?
Can you alter your residence?
Who is responsible for maintenance? What about the garden?
Who is responsible for the sale of your unit when you leave? How much say do you get? Can you use your own agent?
What if there is capital gain, or a loss?
These are just some of the issues that arise in the contracts.
Don't risk getting caught out by the legal jargon .. call us to help you make an informed decision.
It’s an emotional time when someone dies. At Wills on Wheels our caring and compassionate team will guide you through this most difficult of times, our number one aim being to make this time in your life a little easier. Being an Executor is something that hopefully you won’t get much practice at, so let us do the leg work for you and allow you the time to grieve.
Estate administration involves collecting and managing the deceased’s assets, paying debts and distributing the estate to beneficiaries according to the terms of the will (or intestacy where there is no will).
We can also arrange for a grant of probate if needed. Probate is an order of the Supreme Court allowing executors to deal with the assets as they have been instructed to, in the Will.
The Supreme Court filing fee is dependent on the value of the estate. There will also be legal fees associated with the application.
A grant of probate will be required if the deceased:
owned real estate (unless as a joint tenant);
has bank accounts in their sole name (although sometimes a grant may not be needed if it is the only asset - depending on the balance)
owned other significant assets , e.g. shares;
has a refundable accommodation bond at a residential care or aged care facility.
Call us to see how we can help you and your family