Simple Wills

Ellison Moschella & Co has been helping clients produce their Wills for over 80 years. For those with straightforward family structures and simple financial arrangements we can assist you to prepare your Will, often in conjunction with an Enduring Power of Attorney, for a quoted price. A properly drafted will helps ensure that your wishes are carried out and that your loved ones are properly looked after in the future.

 Complex Wills

The modern world continues to grow in complexity. The family structures and financial arrangements of the past have given way to diverse and more complex arrangements. Accordingly the process of drafting Wills has become equally complex for those with significant financial interests, unusual family structures or the like.

You should consider detailed estate planning where your estate is likely to be large, you have interests involved in private companies or trusts, or where there are tax implications with your estate or with your beneficiaries. 

If you wish to protect your estate to ensure that it remains with your intended beneficiaries you should consider establishing a Testamentary Trust Will.

Powers of Attorney

What is a power of attorney?

There are two types of power of attorney—a general power of attorney and an enduring power of attorney. A general power of attorney is given to someone to make financial decisions on your behalf (e.g. if you are overseas and need someone else to sell your house, pay your bills etc). An enduring power of attorney is put in place in the event something happens to you (such as illness or accident) to allow someone else to make health and financial decisions on your behalf.

What happens if I don’t have an enduring power of attorney?

In short the government Adult Guardian and Public Trustee will be appointed to manage your affairs regardless of whether you have family members willing to make decisions for you or not. Whilst the adult guardian can take into account your previous expressed wishes and wishes of your family it is not bound to do so. Either a general or an enduring power of attorney involves a formal agreement giving someone else the power to make decisions on your behalf. Creating a power of attorney is not complicated and involves the following steps: 

• signing a form giving power of attorney to someone of your choice; 
• specifying the types of decisions that the person you choose (your attorney) will make on your behalf; and
• your attorney consenting to the appointment by signing the acceptance section of the form.

Your attorney can then act on your behalf if necessary.

The decisions that your attorney makes for you have the same legal force as if you had made them yourself. Often in conjunction with a simple Will, Ellison Moschella & Co can assist you in preparing and finalizing your Enduring Powers of Attorney for a quoted price.

Advanced Health Directives

An Advanced Health Directive is a document by which you give instructions to certain people concerning your future health care. It only comes into effect if you are unable to make your own decisions. Specifically it has the advantage of allowing you to give directions concerning ongoing life support and treatment where there are terminal incurable or irreversible illnesses.