Just Wills Attorneys and Guardians in Erina, New South Wales, Australia | Lawyer & law firm

Just Wills Attorneys and Guardians

Locality: Erina, New South Wales, Australia

Phone: +61 2 4339 7466

Address: Level 4 Element Building, 200 Central Coast Highway 2250 Erina, NSW, Australia

Website: http://www.justwillsaustralia.com

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20.01.2022 WE REMAIN OPEN FOR BUSINESS To all our Facebook friends we are happy to advise that our office at 16 Adelaide Street, East Gosford remains open during the current virus restrictions. We observe the social distancing guidelines and hand sanitisation practices. Although we offer the convenience of an office location our services are entirely cloud based. As such we produce documents and conduct our conveyancing and estates business via the internet. There is no need for you to attend our office in order for you to engage our services. Our thoughts are with you at this time and we wish you and your family good health and that you all stay safe.

20.01.2022 LIVING WILLS A Living Will allows you to state your wishes on vital lifestyle issues Friends and family members are frequently kept alive and having to undergo medical procedures with little or no hope of recovery when the person would prefer to be allowed to pass on peacefully having lived a full life. A living will allows you to make decisions in advance about the range and extent of medical care and treatment procedures you wish to receive should you reach such a stage in... your life. A Living Will can determine what treatment you want, if any, should you: have an irreversible medical condition (illness, disease or injury); have an illness, disease or injury that leaves lasting disability where you could be, or will be, permanently dependent on others for care; have a terminal condition; require life sustaining procedures will serve only to artificially prolong the dying process; want to die naturally with only the administration of medication for comfort care and to be kept free of pain; sustain brain damage but remain alive but will have an existence with profound neurological impairment and dependence; require resuscitation or rehabilitation; choose to donate some of your bodily organs to help others. Another common use of a Living Will is for a person to instruct their loved ones that they don't want to go into a nursing home but want to die peacefully in their own home. It can outline how this is done and under what circumstances the person is transferred to nursing home or hospital care. A Living Will puts your personal values and beliefs into words to your loved ones. A Living Will is a personal care health directive, done by statutory declaration which we prepare for you. A Living Will provides you with a greater peace of mind - for you, your family and your doctors. It will ensure that the spirit of your wishes is considered with treatment decisions that are made. Importantly, it takes the pressure off your loved ones having to make these decisions for you. For more information feel free to contact us.

19.01.2022 We are happy to announce that we have changed our office address to Level 4, Element Building, 200 Central Coast Highway Erina NSW 2250. All our contact details remain the same.

19.01.2022 JustWills is associated with Central Coast Solicitors

17.01.2022 CORONAVIRUS (COVID-19) AND MORTALITY Both the news media and governmental sources have raised alarming concerns about the rapid spread of the Coronavirus. The virus itself is, in terms of the general population, benign compared with other more aggressive illnesses. However, it is highly dangerous and even fatal in its effect on elderly members of the population. No matter how long the virus remains unchecked in its current form or forms to which it may develop by way of mutat...ions (typical virus behaviour), it does give food for thought in one particular direction. It has made us all very aware of our own mortality and that of our loved ones. Although we have all been well aware of the possibility of our deaths, never since the outbreak of SARS in 2003 has the current population been more focussed on this possibility. The universal directives of world governments in preventing travel, imposing forced isolation of victims and reducing inter-personal contact are clear signs that our leaders and medical professionals believe we are facing a clear crisis. Having had this simple fear pounded into our heads in a very short space of time by those whom we consider to be expert advisers, we as individuals must heed the warnings and act appropriately. First and foremost we must act in the best interests of our health and the welfare of our loved ones. Secondly we must ensure that all our affairs have been put in order by way of preparation of Wills, Powers of Attorney, Guardianships and nomination of beneficiaries in institution such as superannuation funds. Prior to the advent of the current emergency it is estimated by our office that at least thirty percent of the overall population had never written Wills. A far greater proportion had not granted powers of attorney or guardianships. The current situation has presented a wake-up call resulting in many individuals in all age groups coming forward to complete these documents. Coronavirus has proven to be a catalyst in improvement of the health behaviours of communities and encouraging us all to put our financial/legal affairs in order. We must all act now as none of us know what lurks around the corner. See more

16.01.2022 HOW MUCH DOES THE PUBLIC TRUSTEE CHARGE FOR PROBATE COMPARED WITH A PRIVATE SOLICITOR ? PUBLIC GUARDIAN FEES FOR ESTATE ADMINISTRATION Asset value : $400,000... NSW Trustee & Guardian fees One off fee 4.4% on the first $100,000 = $4,400.00 3.85% on the second $100,000 = $3,850.00 2.75% on the third $100,000 = $2,750.00 1.65% on any amount over $300,000 (in this case $100,000) = $1,650.00 $ 12,650.00 Disbursements extra eg Supreme Court Probate fee $1,033.00 Total one off fee and disbursement (minimum) $12,650 + 1,033 = $13,683.00 Estate Management 0.77% on value of asset held (say 12 months) = $3,080.00 Account keeping = $ 132.00 Investment 0.11% pa (say 12 months) = $ 440.00 $ 3,652.00 If solely owned assets are family home or superannuation inherited by spouse (over $100,000) commission will be reduced to 1.1% $4,400.00 PRIVATE SOLICITORS ARE LIMITED BY REGULATION IN REGARD TO THE FEES THEY CHARGE. Asset value: $400,000 $1,70 plus $4.47 for each $1,000 over $150,000 = $2,787.50 plus $1,033 Supreme Court Probate fee compared with the $13,683 charged by the Public Trustee.

10.01.2022 GOOD HOUSEKEEPING Although most people generally like to keep their homes in good order it is amazing how many people do not maintain orderly records of their financial and personal affairs. Statements are frequently made to the effect of: I don’t know where my Will is. I did it many years ago with a solicitor but I can’t remember where it was done. I don’t know where my superannuation papers are. I think I have three superannuation policies. This is not helpful to an Exe...cutor who has the responsibility of settling your estate after your death. Some paperwork which is never lost usually are the rates notices and bills sometimes sitting behind a fridge magnet on your refrigerator. The reason these papers never seem to be lost is that they are repeatedly re-issued sometimes with annoying frequency. To avoid difficulty for a future Executor there are certain housekeeping rules you should follow. 1. Keep all your important documents in a safe secure place. These may include copies of Wills, superannuation/ life insurance policies (or statements), title deeds to real estate, particulars of bank accounts and shareholding certificates. A secure place may be a locked box or packet, preferably fire rated (these can be purchased from office or hardware stores at reasonable cost). 2. Review your documents about once a year and remove any that have been cancelled or else no longer current. 3. Keep a record of the location of your Will and title deeds to your property. The originals should preferably be stored in fireproof safes in a solicitor’s office or a bank. Ensure your Executor knows the location of these documents. 4. Review a copy of your Will every couple of years to ensure it is up to date so that any important changes can be recorded in either a codicil or a new Will. 5. If you have moved to an interstate or remote address collect your original Will from your solicitor and store it with a solicitor operating in your new locality. Anyone searching for your Will usually confines those searches to your current or recent location. 6. If you re-write your Will please ensure that the old Will is collected by you and destroyed. Although a new Will revokes an old Will this housekeeping will assist in removing clutter of obsolete documents from storage and will prevent confusion arising as to the validity of your current Will. It would be to no good purpose for your Executor to be acting by mistake on an old invalid Will. If these simple steps are followed it should make life easier for everybody concerned.

07.01.2022 WHY YOU SHOULD HAVE A WILL ? People often ask us why should I write a Will ? Is it worth the cost ? The answer to both of those questions is: Yes, definitely. You may have a house and bank accounts worth several hundred thousand dollars. For the sake of a few hundred dollars you can ensure that your assets can go exactly where you want them to go. Otherwise you might find your relative are embroiled in costly court litigation after you die. Even worse your estate could end... up passing to the State. Some examples from our files provide a very sound lesson about how the lack of a Will can cause disaster. Case study 1 A client (let’s call him John) was brought up by his step-father (lets call him Frank). John had no other living relatives but he married and had a family of two sons. He was devoted to his step-dad and almost every fortnight for twenty years he would take his family to visit him. John would go fishing with him and they would go to the local club together while John’s wife helped clean up Frank’s house. John would mow the lawn and maintain the residence (which was a manufactured home) in a retirement village. John occasionally asked Frank if he had written a Will but Frank would say: I will get around to it. Frank died without leaving a Will. John could not inherit Frank’s assets as he, as a stepson, has no rights under the laws of this State. He is not even eligible to apply for Administration of the estate. John was not even able to apply to the Court as the estate was too small. In the end, the State will claim the assets. If Frank had written a Will the story would have been entirely different. Case study 2 Jillian lived with her brother Jim. Jim had had a daughter (Rachel) to his wife but they divorced and she left him taking the child with her. Jim did not see or hear from the wife or child ever again. Jillian cared for Jim in his decline and moved into a house with him which they shared for about ten years before his death. Jillian owned three fifths of the title to the house and Jim owned two fifths of the title. She had cared for him and provided for him and paid for all the costs of maintaining the house. She pleaded with Jim to write a Will but he refused. When he died Jillian made application for Administration of his Estate, but this application was rejected by the Supreme Court registry on the basis that she had no eligibility (due to the possible existence of Rachel whom no-one had seen or heard from for over thirty years). A costly exercise has been undertaken to locate Rachel. Her full name has been determined but her whereabouts are unknown and attempts to locate her have been unsuccessful. She may even be dead. What lies ahead is a costly exercise for Jillian in making application to a judge of the Supreme Court for judicial directions. Jillian can do nothing with Jim’s bank account or the house as Jim is still on title as a joint owner. If Jim had written a Will the story would have been entirely different. See more

03.01.2022 BINDING FINANCIAL AGREEMENTS Binding Financial Agreements (FA’s) were introduced into the Family Law Act in 2000. These agreements are tricky and may not be as ...enforceable as the parties may have hoped. The Courts take a firm approach to them in that they must strictly accord with technical requirements of the Act. The history of that position is briefly explained by consideration of some court cases for example in J and J( 2006) Fam CA 442 where certificates of independent advice were in the wrong form and the FA held invalid in consequence or Millington and Millington (2007) Fam CA 687 where one party did not hold the original FA and the other party a copy and inconsequence the FA was held invalid. These defects were interpreted more leniently by the decisions in Black and Black (2006) 36 Fam LR 680 which found satisfaction if the purpose of the legislation was met or Ruzic (2007) FamLR 473 where invalid solicitors’certificates were subsequently replaced with valid ones. However, Black and Black (2008)FamCAFC 7 being a decision of the full court reversed that trend upholding a literal approach. That case is now the guiding judgment. From January 2010 amendments to Part VIIIA introduced by the Federal Justice System Amendment (Efficiency Measures) Act sought to allow Courts leniency in interpretation of FA’s which contained technical flaws. Despite that the full court in Kostres and Kostres (2009) FamCAFC 222 found that a court, despite strict compliance of an FA with technical requirements may still set aside an FA. The court found that the terms of the agreement themselves were imprecise and ambiguous so much so that the parties themselves had disagreement over significant terms of the FA. The full court found it could not enforce the agreement at all and sent it back to another federal Magistrate for re-hearing which would have been heard on the basis that the FA did not exist as a legal document. In other words the Federal Magistrate was obliged to hear the matter under equitable principles of the family law. The above decisions establish that it is not sufficient to attempt to avoid future court intervention by simply creating an FA. One must ensure that it is in technical compliance with the legislation (providing the purpose of the legislation is met) and also that it is capable of unambiguous interpretation by the parties and others. #familylaw #familylawyercentralcoast #centralcoastfamilylawyer

02.01.2022 ENDURING GUARDIANSHIPS An Enduring Guardianship gives someone the lawful authority to organise your accommodation, health and welfare needs. A Guardianship can be a general Power which ceases to be of effect if you lose mental capacity. An enduring Guardianship remains effective even if you lose mental capacity. Becoming incapacitated without an Enduring Guardianship can cause a lot of heartbreak as there is little option other than for the Office of the Public Guardian to ...take over your affairs. The alternative would be for a friend or relative to go to the trouble and expense of making application to the Guardianship Tribunal which application may not be successful. Responsibilities and duties as a guardian The Enduring Guardianship Appointment deals with personal care decisions. It follows the outline of the form prescribed under the Guardianship Act 1987 (NSW). It is the duty of a Guardian to act: Within the principles of the Guardianship Act; In your best interests of the Appointor, at all times; and Within the law You can only make decisions for the Appointor when he or she are unable or unwilling to make these decisions for themselves. What decisions can a Guardian make ? Lifestyle decisions such as: Where the appointor should live such as a hostel, nursing home, or their own home; What medical care the appointee should receive; The refusal of treatment; Involvement in pain management; Nutrition decisions; Administration of medication; and Choices on surgical intervention Can the Guardians authority be limited ? The Guardianship Appointment can have as many or as few functions as the Appointor may like to give you. For example, you may be given the power to decide on health care but not on living location. It does not deal with financial decisions. A Guardian will be unable to make any financial decisions on behalf of the Appointor unless you have been granted an Enduring Power of Attorney by the Appointor. What decisions can't an enduring guardian make? You cannot consent to anything unlawful. You cannot make a will for the Appointor; You cannot vote on the Appointor’s behalf; You cannot consent to marriage on the Appointor’s behalf; You cannot manage the Appointor’s finances; You cannot override the Appointor’s objections, if any, to medical treatment. How must the Appointment form be signed ? Please be aware that you and your Guardian need to sign the document in front of a prescribed witness or prescibed witnesses. A prescribed witness is an Australian Legal Practitioner, a Registrar of a Local Court, an overseas-registered foreign lawyer or an approved employee of NSW Trustee and Guardian or the Office of the Public Guardian.

01.01.2022 THE LAST MINUTE WILL As we never know what circumstances lie around the corner, the question as to when you should write your Will is sooner rather than later. This reality has been solidly brought home by the recent Corona Virus outbreak. Although this virus has had less worldwide effect then other illnesses, its rapid spread and its impact on the elderly has been remarkable. We are often called urgently to hospitals by clients who have left writing amendments to their Wills... or even entire Wills to the last minute. These last minute dashes to the hospital are not a solicitor’s preferred method of doing business as they are as heart-stopping for the lawyer as well as the testator and the relatives. On many occasions a testator has instructed on creating a Will within hours of death. Apart from the obvious problem that arises if the lawyer is called too late, there is an increased chance that an aggrieved beneficiary may successfully raise a challenge to the Will using an argument that the Testator had impeded mental capacity due to illness. It is far better to write your Will at a time when no-one can claim that you lacked testamentary capacity. It also allows you sufficient time to write a testamentary statement in support of the Will if that is so required. One further issue which often arises in a last minute Will is that of validity. A Will which is not properly witnessed may be held invalid. Public hospitals and many private institutions do not allow their staff to witness Wills. As executors and beneficiaries are precluded from witnessing a Will it may be impossible to locate a witness at the eleventh hour. The best advice is avoid the last minute Will problem by writing your Will NOW. See more