Making a Will or Power of Attorney

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  djkelly69 on 30/05/2017 - 22:26

  +1

  Cheapest is the will kits from a newsagent. Easy? I suppose. Legitimate? Sure, until it gets tested in court. :-/ Your situation doesn't sound particularly complicated, but it is hard to know.

  Personally I would see an experienced solicitor to have it prepared - should be a few hundred each, but a relatively small investment in the scheme of things.

  No-one can 100% guarantee all of your requests in the will will be met, but a solicitor should know a hell of a lot more about the traps and pitfalls to try and avoid.

  Not quite sure why you mentioned power of attorney in the title as well?

  • 

    DelhiBelly on 31/05/2017 - 12:47

    Thanks. I did some further research and learned that what I need is a Will not PoA.

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  mypantsaretight on 31/05/2017 - 01:18

  +1

  Try a charity such as Salvation Army, Red Cross, Wesley Mission that do wills day. Solicitors donate their time to see you to get your information to prepare one, you also make a donation to that charity for your will.

  Approx $60-$75 each will

  • 

    DelhiBelly on 31/05/2017 - 12:48

    Thanks. Will try and find out more about these.

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  Masterpupil on 31/05/2017 - 09:58

  +3

  Those Will kits are responsible for a lot of work for lawyers. People tend to stuff them up quite a bit, and of course no one works that out until they are dead, then the executor has make applications to the probate office to prove the Will which are expensive (i.e. thousands of dollars).

  Even very small details can flag questions about the legitimacy of a Will, for example, if it appears to have been signed with another pen, then the probate office will question it. If it appears that the staples have been removed, they will question it.

  Use a lawyer or go with the suggestion above.

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  vinni9284 on 31/05/2017 - 10:00

  +1

  I second that above comment. I would go to a solicitor and not take any chances IMO. Don't forget, you are protecting your assets that are worth way, way more than a $70 piece of paper that may not be worth nothing. I would look into the integrity of this DIY stuff. Usually the solicitor charge around $250 and keep it in a safe place for you. Normally it's a once off payment unless circumstances change.

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  DelhiBelly on 31/05/2017 - 12:46

  Thanks everyone. Looks like consulting a Solicitor/Lawyer is the way to go. Are there any “online” Solicitors/Lawyers which may charge less than the usual ones with fancy offices?

  Also deciding the Custody of kids should anything was to happen to both of us (at the same time) is also included in a Will or is that a whole different Pandora’s box?

  • 

    Masterpupil on 02/06/2017 - 23:34

    You can include a guardianship clause but practically that is not going to determine the issue. In event you both died said nominated guardian could point to the Will as evidence of your intentions but they would still have to seek an order from the family courts to secure parental responsibility for the children.