PERSONAL

Wills & Enduring Powers of Attorney

Talk to McVeagh Fleming about how we can help ensure your family’s needs are taken care of after you have gone.

Wills

Creating a new Will to ensure that your loved ones receive the appropriate portions of your estate in the event of your death is highly recommended because it can avoid family disputes, delays and expenses to your family once you are gone.

It is also essential to update your Will upon marriage or separation or any other significant change in your circumstances. You may also wish to appoint a testamentary guardian to look after your children. We have the experience and expertise to create a Will which reflects your needs and will provide for your family in the future per your wishes.

Enduring Power of Attorney

Many clients also wish to prepare Enduring Powers of Attorney. These provide directions on who should take care of your property and personal welfare if you are incapacitated. Carefully drafted Enduring Powers of Attorney can remove the need to apply for Protection of Personal Property Rights orders later.

Recent Insights

September 2023

How may relationship property be divided when a spouse or partner dies?

The death of a spouse or partner is an emotional and challenging time for the one left behind. Often left with the overwhelming task of handling the Deceased's estate, the surviving spouse or partner will be unaware of their entitlement under the Property (Relationships) Act 1976 (the "PRA"). Many will opt to taking under the Will, not knowing they also have the alternative option of applying under the PRA for a division of relationship property.
See More
August 2023

Testamentary Capacity

When constructing a Will a will-maker has the freedom to decide how they wish to distribute their property upon their death, this is known as testamentary freedom. However, this freedom is not absolute. In certain circumstances, such as when a will-maker is said to have lacked capacity when they last made or altered their Will, a Will can be challenged and possibly be declared as invalid.
See More
September 2022

Enduring Power of Attorney

No matter your age, it is essential that all adults have in place lawful and enforceable Enduring Powers of Attorney ("EPA"). Sudden accidents or illnesses affecting your metal capacity can happen unexpectedly, and if the time comes that you require an EPA and you have not already set one up, it will be too late.
See More