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You could draft an enduring power of attorney broadly or have restrictions. Most people probably don't properly consider the possibilities of what could happen to them. BTW, in NSW at least, most power of attorny would cease to operate on incapacity, only an enduring POA would continue.

ie, wills only apply upon death of the testator. While a testator is still alive they would need to appoint an attorney to look after their financial affairs and a guardian to look after their other non financial affairs.

Not if she was still alive!

Yes these things are common. I had another friend who died last year. I counted 8 things wrong with his will which was drawn up by a solicitor just months before he died. I know this solicitor and she had told me of the many hundreds of wills she has drawn up over the years so she has...

Hi Wylie Sometimes solicitor drawn wills are not much better. I am looking at a will now drawn by a solicitor. The testator wants to leave a large part of his assets to charity. But the charities named in the will no not exist! There are no entities registered in the names listed in the...

The fee in NSW is $110.

There is. Wills can be deposited with the Supreme Court registry in NSW. There is a fee involved though and this usually turn people off

Date is not that necessary - we all know we are going to die sometime. So if you plan your estate in advance you can largely do it. eg. not acquiring property in your own name. There will only be stamp duty if you are gifting dutiable property such as land. Other property such as shares...

Are you serious? There is no tax on gifts in Australia. If I were to give you $10,000 would it be taxed? If someone dies and there is a shortfall with more debts then assets then the creditors simply miss out. The dead person cannot pay. Third parties cannot be held liable for the debts...

But who will process all this once you are dead? This is the problem. Applying for probate is a bit complicated. Its even more complicated when there is no will. And acting as an executor for someone's will is not easy. It takes a lot of time and is stressful - especially when beneficiaries...