Will Kit & Power of Attorney Kit Bundle

Will Kit FAQ's

• Why do I need a will?
  Your will is your voice after you’re gone. It tells people what you want to happen to your assets after you die. The clearer your instructions, the better it is for the people you leave behind.
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• What happens if I don’t have a will?

  What happens if you die without a will in Australia?

  
  If you die without a will, you die intestate. Being intestate means that the laws of the state or territory you live in will decide how your assets are managed and distributed. Your assets are your property including belongings that have value like a house, car and bank accounts.
  
  

  Not having a Will means

  
  

  • You don’t have a say about who will benefit from your estate. This can mean your assets are shared with relatives you don’t want to benefit.
  • You don’t have a say about who manages and makes final decisions about your estate.
  • Your estate may take longer to settle (more than 12 months)
  • The cost to settle your estate may be higher than if you had a will

  
  
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• When should I use the Legal Will Kit?
  Our Will Kit helps you prepare your own will according to what you want. You can use it if you have simple and straightforward circumstances. For example, if you plan to leave everything you own to members of your immediate family, such as your partner and your children, or extended family or friends. You can also appoint a guardian for any young children you have.
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• How is a will revoked?
  Only the person who wrote the will can revoke or cancel it, and they must have the capacity to do that. There are several ways you can revoke a will
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• Is it safe for me to use the Online Will platform?
  Our website has Secure Sockets Layer (SSL) encryption to make sure that your credit card details are securely handled. We have dedicated in-house teams who monitor our systems against potential threats, and additional lines of defense including in-house compliance and audit teams, and advanced business continuity frameworks. 
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• Is the will in the kit a valid will?
  Yes, it is. Providing you carefully follow the instructions for completing your Will in the kit, it will be valid.
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• Does a Will have to be in writing?
  No, as long as your will is legible and physically signed by you and the witnesses.
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• Who should I choose as my executor?
  The kit contains information on the choice and role of an executor to assist you in making your appointment decision.
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• When is the Legal Will Kit suitable? When should I consider a face-to-face appointment?
  The kit is not suitable if your situation is complicated
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• Can I change or update my current will?
  Any time you wish to update a will that has already been completed due to changes in circumstances or thinking, you will need to create a new will. Making a new will automatically cancel your previous will. 
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• Does my will have to be witnessed?
  Your signature must be witnessed by two people, both of whom must be at least 18 years old. Your witnesses shouldn’t be beneficiaries named in the will.
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• How often should I review my Will?
  It’s a good idea to review your will when there have been important events or changes in your life, or every two to three years. This makes sure it still meets your needs.
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• I need help writing my will, what can I do?
  If you need further assistance, we recommend you contact a Will writing professional.
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Power of Attorney Kit FAQ's

• What is a Power of Attorney?
  A power of attorney lets someone else make important decisions for you when you need it the most. The person you choose can be a trusted relative, friend or an organisation like State Trustees.
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• Why have an Enduring Power of Attorney?
  When you have an enduring power of attorney in place, you say who can make decisions for you when you are not able to. For example, when you are not able to make decisions yourself anymore because of an accident or illness.
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• Are the Power of Attorney documents in the kit legally valid?
  The power of attorney documents in the kit are legal documents made to meet each state and territory’s laws in Australia.
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• What is included in the Power of Attorney kit for your State or Territory?
  Each Power of Attorney Kit includes: a planning guide; a glossary of key terms to help you understand the information in the kit; a personal details schedule to help you plan your power of attorney document; and clear step-by-step instructions to help you fill out your document.
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• What is capacity?
  A person has capacity (known as ‘decision-making capacity’) if they are able to understand what a decision means and the effects the decision can have. They need to be able to understand information about a situation or decision. Part of having capacity, is being able to remember information so that you can make a decision. You must also be able to clearly communicate your decision.
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• How and when may I revoke a Power of Attorney?
  You can revoke (cancel) your power of attorney at any time. You just need to tell your attorney and collect and destroy the original powers of attorney documents. To do this, you must have capacity, meaning you are able to make your own decisions.
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• How often should a Power of Attorney be reviewed?
  Your situation may change and the person you chose to be your attorney may not be the right person anymore. Every now and then, you should think about your appointment.
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• I need help with writing my Power of Attorney, what can I do?
  If you live in Victoria, you can get in touch with us on 1300 138 672. Or you can register for a face-to-face appointment to write your power of attorney document with one of our professional staff. If you live outside Victoria, you can contact your local public trustee office.
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• When should I make a Power of Attorney
  Anyone over the age of 18 can make a power of attorney. However, you must have capacity and be able to make your own decisions.
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• Will my Power of Attorney remain valid if I move to another State or Territory within Australia?
  Usually, if you move from one state or territory to another in Australia, your power of attorney will still be valid.
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• Will my Power of Attorney remain valid if my Attorney moves to another State or Territory within Australia?
  Your power of attorney will still be valid if your attorney moves interstate. However, if your attorney doesn’t live close to where you live anymore, it may be difficult for them to do what they need to as your attorney.
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• Who should I appoint as my Attorney?
  Who you choose as your attorney is very important. You can appoint a trusted family member or friend as your attorney. You can also appoint professionals, such as a trustee company, but they only look after financial matters. They don’t usually look after personal, lifestyle and medical matters.
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• When can my appointed Attorney start making decisions?
  You can choose whether your attorney can use the powers you give them straight away or when you are not able to make decisions for yourself. You can also choose a particular time, situation or occasion for their powers to start.
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• When does an Enduring Power of Attorney end?
  Particular events can end a power of attorney or end the powers of a particular attorney. For example, when you revoke (cancel) a power of attorney, or it will end when you die.
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• When is the Power of Attorney kit unsuitable? When should I consider a face-to-face appointment?
  If you have complex legal, medical or financial affairs, you should get professional estate planning or legal advice.
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• Who can witness the Power of Attorney documents?
  All power of attorney documents need to be witnessed. We have included clear instructions about who and how the documents need to be witnessed for each state and territory in the Powers of Attorney Kit. You need to follow these to make sure the documents are valid.
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