Skip to content
Menu
MY Lawyers MY Lawyers
  • Home
  • Areas of Law
    • Business Law
    • Conveyancing – Personal
    • Elder Law
    • Local Government and Planning
    • Property Law
    • Wills and Estate Planning
  • Our Team
    • Our Team
    • Michael Young
    • Jonathan Marquet
    • Catherine Barry
    • Sarah Smith
    • Lyn Savins
    • Michelle O’Neil
    • Jaala Bourne
    • Michelle McCartney
  • News
  • Contact Us
MY Lawyers MY Lawyers

Wills and Estate Planning

Why should you do a Will?

If you do not make a legal will, your estate will be distributed using a fixed formula determined by the government. This formula is applied regardless of your situation. However, if you make a will:

  • You can decide how to divide your estate between family, friends and charities
  • You can appoint who you wish to administer your estate
  • You can indicate you preference as to a guardian for your children

When should you do a new Will?

You should at least review your Will whenever family or relationships change. For example when you get married or start a family or start a De Facto relationship.

What other documents should I consider other than a Will?

In addition to a basic Will you might consider a Testamentary Trust, Power of Attorney and Enduring Guardianship or an Advance Directive.

_____________________________________________________________________

Yvonne Cassianos has a Masters of Law (Applied Law) in the area of wills and estates.

What do these terms mean?

Power of Attorney

A general power of attorney allows your attorney to act on your behalf in relation to any financial transactions.

It can be useful to ensure that during temporary absences such as overseas travel your financial affairs are being looked after. However, if you become incapable
of providing your attorney with clear instructions this document will automatically become invalid.

Testamentary Trust

Testamentary trusts are designed to provide maximum flexibility and allow for tax-effective distribution of capital and income as well as providing possible protection of your beneficiaries from third parties such as creditors.

Your financial adviser will assist your executors determine how best to manage your estate for the benefit of your beneficiaries, taking into account risk management, taxation and other issues.

The incorporation of testamentary trusts into a Will is not relevant to every situation but in many cases they offer valuable advantages over simple Wills. Testamentary trusts – which can be
discretionary trusts, capital protected trusts or tailored to suit your requirements, are similar in many respects to trusts created by deed whilst you are alive.

Enduring Guardian

Appointing an Enduring Guardian enables you to appoint one or more people (known as Enduring Guardians) you trust to make lifestyle and personal decisions relating to your care and well-being such as where you live and the health care you receive.The power only operates if you are not capable of making your own decisions. An Enduring Guardian may exercise many of the powers a parent exercises as guardian of their children, for example:

  • where you live
  • what health care is in your best interests

You may add additional powers to this document if you wish.

Advance Directive

Advanced Health Care Directives are commonly referred to as ‘Living Wills’. With a few exceptions, every adult has the right to accept or refuse medical treatment.
In an Advanced Health Care Directive you can direct your treating medical professionals what treatment you wish to accept or reject. For example, you may not wish to receive mechanical nutrition and hydration to stay alive if you have been in a coma for an extended period of time and your treating doctor does not believe you are likely to come out of the coma.

Executor

An executor is the person you appoint in your will to administer the will after your death. That is, the executor has the task of paying any liabilities of your estate, selling any assets that have to be sold and distributing your estate in accordance with the provisions of your will.

Attorney

An attorney is a person you trust who you appoint to carry out financial and business tasks on your behalf e.g. withdrawing money from your bank account. You can choose whether the attorney can act straight away or if they can only act if you become unable to act for yourself or whether they can only act for a specified period or for a specified task.

For example, you may wish to appoint a child or partner to act only while you are overseas on an extended holiday.  If you want your attorney to retain the power to act on your behalf even if you suffer dementia or in some other way lose mental capacity the attorney must be appointed as an “enduring” attorney. You may revoke a power of attorney at any time while you have mental capacity but you will not be able to revoke an enduring power of attorney once you lose mental capacity.

Level 1, Suite 10,
31 Cherry St, Ballina

Phone: (02) 6683 5566

Fax: (02) 6683 5544

McCartney Young Lawyers

We are a commercial law firm located in Ballina and serving all of the NSW Northern Rivers area.

Our principals have worked and lived in the Northern Rivers since 2003 and are committed to delivering high quality legal services to the region.

Liability limited by a scheme approved under Professional Standards Legislation.

Areas of Practice

    Conveyancing

    Elder Law

    Local Government and Planning

    Property Law

    Wills and Estate Planning

Accredited Specialists

Business Law

Property Law

Local Government and Planning Law

©2025 MY Lawyers | Powered by WordPress & Superb Themes