When is a “reading of the Will” conducted?

After watching some of your favourite American movies/TV shows, you may be left wondering when a “reading of the Will” is to be conducted following the passing of a loved one. In Australia, there is no requirement for a formal “reading of the Will.”

It is best practice for an executor to locate the original Will and to read the contents, as soon as possible following the passing of the testator, to ensure that the Deceased’s wishes are followed (such as burial/cremation wishes). It is common for law firms to hold original Wills in their safe custody. We offer this service to our clients free of charge.

If you have not been provided for in the Will of a loved one and believe you should be, we recommend that you obtain legal advice as soon as possible. The reason for this is that strict timeframes do apply, should you wish to make a family provision application.

Should you have any queries as to your role as executor or entitlement to make a claim against an Estate, we would welcome you to contact our office on (07) 3278 1888 to arrange an appointment.

What is an Enduring Power of Attorney

An Enduring Power of Attorney is a document where you may appoint an Attorney to make decisions about financial matters or personal matters (including health matters), during your lifetime. It is important that you appoint a person/s to act as Attorney to manage your affairs.

It is not uncommon for an Enduring Power of Attorney to provide unlimited power to an Attorney to make financial decisions. That is, your attorney can do anything you can do. However, you may prefer to specify or limit your Attorney’s power to make certain financial decisions. For example, you may wish that the Attorney’s power to be limited to the occurrence of an event (only where you no longer have capacity as determined by a medical practitioner to make decisions) or have restrictions on the types of decisions an Attorney may make (eg: restricted from selling any real estate, restricted from making a Binding Death Nomination in respect of superannuation).

We offer a fixed fee service for the preparation of an Enduring Power of Attorney. We welcome you to contact our office to arrange an appointment to discuss your estate planning affairs on (07) 3278 1888.