Wills and Enduring Powers of Attorney

Making a will? Get advice from McManus & Co Lawyers to avoid expensive mistakes

Wills drafted without proper legal advice may be unenforceable, unclear or unfair, and can result in costly and stressful litigation for your loved ones. Whilst a will kit might appear cheap to begin with, in many cases they result in expensive legal action after death due to drafting and execution errors. The related legal costs are usually deducted from the estate, making the cheaper choice at the outset a false economy in the long run.

Protect the assets you have worked hard to acquire by making an effective will with our experienced lawyers. At McManus & Co, we provide practical legal advice to assist you to you make a will that is enduring and binding.

Changes in circumstances

It is important to know that many events can affect existing wills, including if:

  • a named executor dies or becomes unfit to act
  • a beneficiary dies
  • you sell property which you have specifically referred to in your will
  • you divorce or separate from your spouse.

If any of these events have occurred since making your will, it is important that you seek advice to ensure that your will is still valid. If you have any doubts, speak to one of our lawyers.

Family provision claims

Don’t leave a close family member out of your will without receiving advice from a legal professional. Challenges against your will can be expensive to your estate (even if successfully defended) with the best protection being the right advice at the time of making your will. If you want to protect your assets from a close family member after you die, see us for first to minimise the chance of a costly dispute depleting your estate.

Intestacy – dying without a will

If you die without a will, your estate will be distributed according to a statutory formula that is inflexible and may be contrary to your wishes. Not making a will is not having a choice.

We offer competitive fixed prices and can assist you to make a will properly and promptly. The cost of making a will with our lawyers in Melbourne is $330.  For pensioners, we offer discounted rates on wills and powers of attorney. Contact us to make an appointment.

Make an Enduring Power of Attorney with McManus & Co Lawyers

If you are unable to make your own decisions because of illness, will your affairs rest in the right hands? Unless you have made enduring powers of attorney, you cannot assume that those you love and trust will legally be able to make important decisions for you.

Enduring powers of attorney are deeds in which you can nominate someone you trust to make financial, personal and medical decisions for you when you no longer have the legal capacity to handle your own affairs.

Just as a will provides you with the ability to determine who gets your assets after you die, enduring powers of attorney allow you to determine who will look after your affairs if you can’t do so yourself.


Future Proofing

An enduring power of attorney is an important and useful tool to ensure your affairs are managed appropriately during your lifetime. When you make an enduring power of attorney in Victoria, you nominate one or more persons to undertake matters that normally, only you would be able to do. These matters can include entering into a contract, withdrawing from your bank account, opening or closing utility accounts, making taxation arrangements, making medical treatment decisions and undertaking other important actions.

If you don’t have valid enduring powers of attorney and are unable to manage your own affairs, your loved ones will be put to the trouble and expense of applying to VCAT to be your administrators and guardians with no guarantee that they will be appointed.

Make sure your future is safe with McManus & Co Lawyers

As with all legal documents, it is important that enduring powers of attorney are made and executed correctly, as they may otherwise be invalid. This is particular important when dealing with enduring powers of attorney as issues usually only come to light when the attorney seeks to use the document –  after the donor has lost legal capacity and can no longer make a new one.

Avoid unnecessary risks, make your will and enduring powers of attorney today with McManus & Co.

The lawyers at McManus & Co Lawyers have been helping people make informed and binding decisions in wills and powers of attorney in Victoria for more than 40 years.

Call us today to make a will and power of attorney. We offer the added security of storing your deed in our safe at no extra cost.