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Rockwiz

Drawing up a Will

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Rockwiz

I need some recommendations on where to go to have a Will drawn up? I live south side but assume I'll need to go into the City for this? Also any idea on a rough estimate of the cost? It should be a standard will with nothing complicated?

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yayool1

I am not very familiar with these sorts of things, but did have to arrange a power of attorney, enduring power of attorney and Will for my mum recently. The Will was extremely short. It cost around $1400 and we did it through a lawyer. Hope this helps.

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Rockwiz

So is the power of attorney done separately from the Will itself and is an added cost?

 

Campbell and co lawyers in deakin. We got wills and power of attorneys done but I’m sorry I can’t recall how much it cost. Mid range I think from memory ringing around at the time. Not cheapest but not the most expensive.

Thanks for this.

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born.a.girl

Yes, POA is separate. You have medical and/or financial POA, too.

 

You say your will is straightforward, so you POA hopefully also will be.

 

 

Just remember once your kids become adults to add them in to your POAs. We were chatting to Medicare lady one day about my MIL, who said we'd be surprised at the number who don't give their adult children POA. Oops, that would be us. We went and did it.

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Rockwiz

Yes, POA is separate. You have medical and/or financial POA, too.

 

You say your will is straightforward, so you POA hopefully also will be.

 

 

Just remember once your kids become adults to add them in to your POAs. We were chatting to Medicare lady one day about my MIL, who said we'd be surprised at the number who don't give their adult children POA. Oops, that would be us. We went and did it.

B.a.G, yes i'm assuming it's straight forward. It should have been done years ago but we've been slack. Actually I tried years ago to get it done but DH was the one dragging the chain. I'm not even sure whether to do POAs yet. Should I do this now too? I had thought about adding the kids as Executor's (and eventually POA's) once they become adults.

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AuntyJJJ

My will was really tricky but I got the lot done by private lawyers in my suburb for $500

 

Then they forgot and we went OS without a Will, so to apologise they threw in POA and Guardianship for free

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born.a.girl

B.a.G, yes i'm assuming it's straight forward. It should have been done years ago but we've been slack. Actually I tried years ago to get it done but DH was the one dragging the chain. I'm not even sure whether to do POAs yet. Should I do this now too? I had thought about adding the kids as Executor's (and eventually POA's) once they become adults.

 

Yes, POAs now, financial is often more important than medical if your life is not complicated, but I'd still do that, too.

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Rockwiz

Just a quick question, why do lawyers consider Guardianship to be so tricky? My oldest child is almost 17 and the youngest 15 so it's not like they are little kids anymore anyway. I thought you could just include a line in the Will that states 'in the event of both parents deaths I would like such and such to have guardianship of the two children while they are still under 18 years old' or words to that effect. I just rang and queried a Law firm and was told a lawyer would need to call back for a costing if we wanted Guardianship as it is tricky.

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MadMarchMasterchef

Im in Adelaide but we recently had wills drawn up and it was around $500 as a couple (not the other 2 docs)

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rosie28

Just a quick question, why do lawyers consider Guardianship to be so tricky? My oldest child is almost 17 and the youngest 15 so it's not like they are little kids anymore anyway. I thought you could just include a line in the Will that states 'in the event of both parents deaths I would like such and such to have guardianship of the two children while they are still under 18 years old' or words to that effect. I just rang and queried a Law firm and was told a lawyer would need to call back for a costing if we wanted Guardianship as it is tricky.

 

It’s not so much tricky, but can get complicated quickly. You can express a preference but you can bind anyone, and your wishes can be challenged. What can be tricky is setting things up to make your wishes the easiest way forward for the court.

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cait81

We did ours with Meyer Vandenberg. Also did PoA - I think for the four documents it was about $2000. I highly recommend MV - have used them in a variety of situations and found them excellent

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born.a.girl

Just a quick question, why do lawyers consider Guardianship to be so tricky? My oldest child is almost 17 and the youngest 15 so it's not like they are little kids anymore anyway. I thought you could just include a line in the Will that states 'in the event of both parents deaths I would like such and such to have guardianship of the two children while they are still under 18 years old' or words to that effect. I just rang and queried a Law firm and was told a lawyer would need to call back for a costing if we wanted Guardianship as it is tricky.

 

 

Honestly, at those ages, I'd talk to them, ask them what they want, and talk to the people you hope would take them in.

 

Nothing you put in writing can be forced anyway, it's only your preferences which get taken into account.

 

We only had one child, two clear options, and had a preference for her not to be brought up with deeply committed Christians, who don't believe in evolution, despite the rest of the relationship being great, so spoke to the other clear alternative, letting them know what we'd like, and finding out whether they would agree.

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Rockwiz

 

 

 

Honestly, at those ages, I'd talk to them, ask them what they want, and talk to the people you hope would take them in.

 

Nothing you put in writing can be forced anyway, it's only your preferences which get taken into account.

 

We only had one child, two clear options, and had a preference for her not to be brought up with deeply committed Christians, who don't believe in evolution, despite the rest of the relationship being great, so spoke to the other clear alternative, letting them know what we'd like, and finding out whether they would agree.

Yep I agree. I don’t think it’s worth going to the trouble of writing it in the Wills at this late stage. The kids agree with our preference anyway and the couple concerned are happy to take on the responsibility as well. So I think we can stick with the simple Wills and worry about the POA’s instead!

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born.a.girl

Yep I agree. I don’t think it’s worth going to the trouble of writing it in the Wills at this late stage. The kids agree with our preference anyway and the couple concerned are happy to take on the responsibility as well. So I think we can stick with the simple Wills and worry about the POA’s instead!

 

 

Experts here may disagree, but I don't think I've seen that here, quite the opposite, that in your shoes, it's probably a waste of money.

 

In our case, the solicitor suggested we write a note ourselves, to be signed and left with the will. Again, it's only an indication, but as with anything it adds weight if there's an argument.

 

She's 27 now, so the black humour of her inheriting the farm pops up from time to time. :) Especially now that we're doing so much travelling without her - that's what the Medicare person pointed out and it was exactly what we were about to do - travel overseas for the first time without her, and if we'd ended up both in hospital overseas, she'd have been well and truly stuffed with our paperwork.

 

Your timing is good, in three years when the youngest is 18, will be a good gap of time to reveiw things and add them to the paperwork.

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Flutters

Look up artisan legal. $600 for Wills and POA for DH and I and they came to our place about 5.30 one evening to do it. I really recommend them

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FeralRebelWClaws

I find POA a little concerning. A work colleague (who has a law degree) said that when her lawyers were drawing up a POA for her they said that if she went OS for eg that the person with POA could legally sell your house. So that makes me nervous and I'll definitely be asking about that. We do need to do some wills though.

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~Jolly_F~

I find POA a little concerning. A work colleague (who has a law degree) said that when her lawyers were drawing up a POA for her they said that if she went OS for eg that the person with POA could legally sell your house. So that makes me nervous and I'll definitely be asking about that. We do need to do some wills though.

 

Most people don’t appoint a general power of attorney when they do their wills, they appoint an enduring power of attorney (there is a difference) - which only comes into play if you have lost capacity. It depends on your state.

 

Wills are often more complicated than people think, guardianship is an area that is very important that is done right. As is enduring POA. It’s also important that it’s all explained to you properly.

Edited by ~J_F~
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Nut

Check out Artisan Legal (www.artisanlegal.com.au). They are amazing and priced very competitively. Prices are on the website. They do home visits as well at no extra charge.

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Rockwiz

Thanks everyone for your help. Wills and POA's all sorted at last!

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