Making a Will

When you make a Will, you appoint an executor whose job it is to look after your estate and distribute your assets according to the instructions contained in your Will. Most people choose a relative, but due to potential mistrust or family bias, this is not always the best course of action to take.

If you need advice on how to write a Will, a solicitor can help. The booklet "Caring for the next generation: the Red Cross Guide to Wills and legacies" also includes information about this.
To get a free copy contact the Australian Red Cross in your nearest capital city. Phone numbers are listed in the white pages of your local telephone book. Australian Red Cross (Western Australia) 110 Goderich Street EAST PERTH WA 6004 Tel:08 93255111

Why is it important to have an independent executor?

Making a Will is the only way to be certain that a lifetime's work is passed on to the people you choose. It means security for those you love and those for whom you are responsible. Secure your children's future If your children are under the age of 18, you may choose to name guardians for them and make arrangements for their maintenance and education. Second marriage If you are currently in your second or subsequent marriage you must have a current Will to protect the members of your new family. It's not commonly known that the new marriage will automatically cancel all previous Wills. De facto relationships If you die without a current Will your partner could stand to lose assets and treasured memento's that are rightfully theirs. It is a fact of law that a de facto does not have any automatic entitlements.

Power of attorney

A power of attorney gives a person nominated by yourself the power to act on your behalf. This can be for all or specific circumstances. This person may be a relative, a friend, a private or public trustee, solicitor or accountant. An enduring power of attorney will remain effective even though you may suffer loss of ability to make decisions and manage your affairs. It is very important to consider the possibility of this happening. You decide when this comes into effect, either immediately or when your mental capacity has declined.

A limited power of attorney allows a person to act on your behalf in specific circumstances only. You specify what a person can do on your behalf and length of time it is to operate.
Ending power of attorney, no specific form of words is needed to end power of attorney, as long as the intention is made clear to the person whom you have given the power of attorney.

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