Wills & Powers of Attorney
It is essential to have a valid and enforceable Will prepared in order that your assets can be distributed according to your wishes and that any children under the age of 18 years can be cared for by a guardian of your choice. In the event that you die without a Will, you are said to have died intestate, in which case your assets will be distributed in accordance with the State Intestacy Rules.
It is important to have an experienced solicitor draft your Will simply because there are a number of formalities which must be adhered to and that failing to do so may result in the Will being declared invalid. Peter Daley has practiced in Succession Law throughout his entire career and is professionally qualified to help you to structure a Will to ensure that your intentions are carried out in the manner you instruct.
In making your Will, it will be necessary to discuss with you the need to consider which party or parties may possibly make a claim upon the Estate. Also, it is necessary to consider Trusts, and terms and conditions to be placed on beneficiaries before they can share in the Estate. There may be Capital Gains Tax issues to make allowance for, and quite possibly superannuation considerations.
In 2008, Peter was involved in a Supreme Court trial wherein the deceased’s son challenged a Will drawn up by Peter Daley and in which Peter was appointed Executor. The deceased’s son was of a former marriage. In the Will, the deceased had bequeathed the entire Estate to his spouse. The son challenged the capacity of his father (the Testator) to make a Will whilst suffering from a serious health condition. The Will was upheld by the Court.
For more information see: Daley v Barton & Anon; Barton v Daley  QSC 228.
Powers of Attorney
An Enduring Power of Attorney is a legal document which allows you to nominate an attorney to make decisions regarding personal, financial and / or health matters in the event that you are unable to make these decisions for yourself. Lawyers often refer to an Enduring Power of Attorney as a “Living Will’.
You may select anyone to be your attorney. It could be your spouse, child, a relative or a friend. You may nominate up to three attorneys who may work together or separately.
An Enduring Power of Attorney is a very powerful and important document and for that reason much care must be taken when deciding who should have the right to control your financial and health affairs.
The fees for our services are extremely competitive and we also offer a significantly discounted price package for couples.