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Along with considering your Will, we suggest you also plan for any future closures through Enduring Power of Attorney documents and Advance Care Directive Forms. This will ensure that if you cannot make decisions about your living arrangements, finances, or medical treatment, then the person you assigned makes these decisions for you without any hindrances.

A Power of Attorney is a legally permitted document that authorises a person (the advocate) to act on your behalf. The advocate may be able to make financial, legal, and personal decisions for you when you are not in a position to do so.

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Enduring Power of Attorney

This authorises your lawyer to make financial and personal decisions on your behalf. Financial control includes anything related to your finances or property, and individual control concerns matters such as your lifestyle.

You can allocate more than one person to be your lawyer and demand certain conditions from the authorities provided. If they cannot advocate, you can appoint a substitute to act in their place.

No one prefers to think too far into the future, but it is essential to plan your Will to reflect your wishes for the coming years. Speak to our team at FCL Lawyers about your estate planning options. We give you the best feasible advice for you.

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Common FAQ’s
Questions you
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Wills & Estate

When is the best time to have my will prepared?

Every person over the age of 18 and who have substantial assets should consider having a valid will drafted and duly signed.

A general power of attorney allows the principal to delegate powers to another person to act on his or her behalf when he or she is unavailable to make those decisions, e.g. when the principal is out of town or is traveling. An enduring power of attorney is used when a principal is unable to make decisions on their own due to their mental or physical impairment.

A person dying without a will is often referred to as dying intestate. If you die intestate, an application must be made to the Supreme Court and seek ‘Letters of Administration’. This document provides formal court approval for someone who will act as an administrator of your estate and do things generally accepted by the community. However, if anyone challenges that decision, the matter will be disputed at the Supreme Court, which can be time-consuming and expensive. Whereas, if you have a will drafted, then the likely hood of someone successfully challenging it is very low.

Yes, a will can be changed by way of codicil. However, if the change is substantial, then you must consider drafting a new will instead of revising an existing one.

Power of attorney does not override a will. Both of these documents have different functions. Power of attorney is activated when a specific situation listed in a power of attorney occurs, for instance, mental incapacity; however, a will is only activated at the will-maker’s death.

Yes, a power of attorney can be modified or revoked at any time.

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