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Our team is well versed in this complex area of law that too many people take for granted. In these times when most people have superannuation entitlements and very often one or more marriages, you need expert and technical advice about how you should deal with these aspects in a way that provides the outcome you are looking for. Too often what you think will happen once you pass on does not happen. Our team will help you as they care about what you want and will respond accordingly. If you have a contested estate our team can guide and advise you about the best course for you to follow. |
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What Is The Wills Register?
The Wills Register is a government service operated by the Registry of Births, Deaths & Marriages to record the location of a Will. The Register enables you to record who made the Will (the Testator) and the Executor named in the Will (the person responsible for carrying out your wishes) and where the Will has been stored. The Registry of Births, Deaths & Marriages does not see a copy of the Will, nor does it physically store the Will. The storage of your original Will is up to you and at MCW Lawyers we offer our clients a free and secure storage facility for Wills and other important documents. |
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Most people realise the importance of making a Will. However, a Will can only be used if it can be located. The Wills Register can provide peace of mind to everyone who has made a Will that their Will can be found when needed so that their assets and possessions are distributed as they wish.
Registering your Will with this Government Department is free.
As soon as your application form has been completed and returned to us, we will arrange for your Will to be registered for you. Confirmation of registration will be received by you, together with a registration number. This registration number can be quoted at the time of a Will search, but it is not necessary to have this number to activate a search.
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Privacy is very important to the Registry. While you are living, only you and your authorised representative can access your details from the Wills Register. As the Registry has only your contact details and does not keep any record of the contents of your Will, your confidentiality is assured.
Your family will need to forward an application form to the Registry. At the time of the search, the death must be established by providing the date your death occurred (if in NSW) or a copy of the death certificate (if you died elsewhere). We at MCW Lawyers can arrange the search for your family should you so wish.
The usual fee for obtaining a standard Registry Certificate will apply.
How Do I Know The Information Will Be There When It Is Needed?
The NSW Registry of Births, Deaths & Marriages is obliged by legislation to maintain its registers forever with appropriate privacy safeguards.
Where Should I Keep My Original Will?
The choice is up to you, but it is preferable that you lodge your original Will with us for safe-keeping. This is, of course, a free service to you.
Note: All your important legal papers should be stored together in the same place. |
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Estate Planning is a way of ensuring that, after your death, your estate is passed on to your beneficiaries in the most financially efficient and tax effective way possible. It will also assist in avoiding the possibility of your next of kin suffering any adverse financial consequences, and minimise the risk of family disputes about who will receive a benefit from your estate.
Whether you require an estate plan, and what type of plan, depends on your family financial situation. It is worthwhile if, for example, you have money in superannuation and a reasonable accumulation of assets. We look at how you can get the most use and enjoyment out of your assets while you are alive, as well as providing for your nominated beneficiaries.
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When a person dies, their instructions fro dividing up and passing on their estate are given in a will. It is important that your will not only sets out your wishs in clear terms, but it is valid and legally enforceable. Your will also contains your choice of executor, whose job it is to administer your estate.
Often an Executor will need help from a solicitor to help administer the estate. Some Wills even appoint a solicitor as the Executor. The solicitor's professional duty is to help the Executor carry out his or her duties in the estate in accordance with the law and the terms of the Will. |
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Life is often complicated and does not always go the way we would like. Sickness, accidents, even being out of the country can be a problem when decisions concerning your affairs need to be made.
By appointing a trusted family member or personal friend as your attorney, you can cover any eventuality and ensure that yourfinancial affairs and those of others who may be affected are taken care of in the event of you being unable to do so.
Creating a Power of Attorney is a logical step to take. |
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Do you have someone you can trust to make lifestyle decisions for you if you become severely incapacitated?
An Enduring Power of Guardianship authorises someone to make those difficult decisions that you would usually want to make, but are prevented from doing so due to a lack of capacity. Your Guardian can authorise consent for medical treatment, health care decisions and other decisions including admission to a nursing home.
Not every person will need to appoint a Guardian, however, we are able to provide the appropriate legal advice to suit each individual's needs.
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In some situations but not all, a Will can be challenged after a person dies. If the Will is valid and a person who believes they are owed a responsibility to be provided for is unhappy with their share (or absence of a share) of the Will, they can make an application to the Supreme Court after the death of the person who made the Will. Only limited classes of people can challenge a Will, and time limits apply.
It is important to ensure that your Will is correctly made and to obtain legal advice in order to avoid or reduce the possibility of any possible challenges to your Will. The lawyers at MCW have the experience to give that advice.
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