Wills & Enduring Powers of Attorney

Why engage Sheehan & Co. to prepare your Will?

As the saying goes, a failure to plan is a plan to fail. The same applies to making your Will. Generally, you have spent a lifetime nurturing your family. By planning now you are continuing this nurturing process. At the very least you ensure the smoothest possible transition with the changing of the guard (particularly applicable in the context of passing on the family farm) and the continued success of your business during this period. You do this by removing uncertainty and maintaining your family's financial security. Because of your efforts you may avoid both the financial costs and emotional trauma to your loved ones when you die.

If you do not have a Will, your estate will be distributed in accordance with the rules of intestacy as set out in the Succession Act 1981 (Qld). This may mean that your estate is distributed in a manner which does not reflect your wishes.

By making a Will, however, it is your hands as to how your estate is divided among your family and any other chosen beneficiaries (e.g. friends and charities). You will also control who will be appointed to act as the executor of your Will - essentially, the person or persons who will act on your behalf to carry out the terms of your Will.

Sheehan & Co's experienced team of succession lawyers led by Michele Sheehan, Queensland Law Society Succession Law Accredited Specialist, can assist you in preparing a tailor-made Will adapted to meet the requirements of your personal and family circumstances.


Our services in this area are tailored to achieve better outcomes for you

One of our solicitors can meet with you to obtain an understanding of testamentary wishes in the context of your unique family circumstances. Thereafter, we can draft an appropriate will for you which will normally include standard directions as to executors, your funeral and burial arrangements, guardianship for your minor children (if applicable), special gifts and any special issues relevant to your family.


Testamentary trusts

If there is a need based on your instructions to create a testamentary discretionary trust (that is, a trust which created by your Will), we will customise the terms of the trust to suit your family circumstances (in particular, the needs of your family) during the lifetime of the trust - up to 80 years from the date of your death.


Why engage Sheehan & Co. to prepare your Enduring Power of Attorney?

An Enduring Power of Attorney is a document where you (as the Principal) can appoint one or more persons to act as your attorney/s for personal/health and/or financial matters upon the occurrence of a certain event, usually your physical and/or mental capacity. Therefore, an Enduring Power of Attorney is the most powerful document you can make which operates during your lifetime.

Once again, Sheehan & Co's experienced team of succession lawyers can assist you in preparing a tailor-made Enduring Power of Attorney which is appropriate for your situation.

 

Our services in this area are tailored to achieve better outcomes for you

One of our solicitors can meet with you to advise and construct:

  • General powers of attorney for a company (if applicable);
  • Short form Enduring Powers of Attorney; and
  • Long form Enduring Powers of Attorney.

Special powers may be granted by you to your attorneys under the terms of the Enduring Power of Attorney regarding guardianship, present and future living arrangements, payment of expenses, selling your residence, management of your business and conflict of interest transactions. Special care must be given in relation to addressing your circumstances to ensure that your attorneys have appropriate powers  to look after you and your interests in accordance with your wishes (e.g. if you are a partner in a partnership, it is important that someone represent your interests - not the other partner - in the event that you are unable to act on your own behalf).

If necessary, we can also attend to the registration in the Titles Office Registry of your Enduring Power of Attorney to enable sale of real property held in your name or any dealing in relation to your real property at a later time when the document is invoked.

The Enduring Power of Attorney is "not set in concrete" and can be revoked by you at any time. In this situation, we can arrange to prepare and lodge the appropriate form of revocation of your existing Enduring Power of Attorney.

Advising attorneys

We can advise attorneys in relation to their duties and obligations in accordance with the relevant Enduring Power of Attorney and legislation.

Disputes

We can assist with dispute resolution between attorneys including representation at mediations. Michele Sheehan has extensive experience in representing clients at mediations.  

Incapacity issues

We can assist in the preparation of applications to the Queensland Civil and Administrative Tribunal, including application for the appointment of an administrator for financial matters where no Enduring Power of Attorney has been executed.

Advanced Health Directive

We can document your wishes in an Advanced Health Directive which enables you to stipulate  what medical operations/medications you consent to or not consent to in advance of you becoming ill or requiring medical assistance. This document is prepared in conjunction with your doctor.

Make an appointment 

Our office is centrally located within the Surat Basin and we are pleased to meet with clients in person, via telephone or home visit to discuss your legal needs in this area.


Remember - it pays to get the right advice!

CONTACT MICHELE SHEEHAN AND HER TEAM TODAY ON (07) 4662 8066
OR BY EMAIL msheehan@sheehanco.com.au