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UPDATE YOUR WILL AND POWER OF ATTORNEY ASAP!

PROTECT YOUR FAMILY - UPDATE YOUR WILL!

July 30, 20242 min read

Why is it important to update my Will and Enduring Power of Attorney now?

I know it is probably the last thing either of you are considering right now amongst the potential chaos, but updating these two very important documents is something that you cannot afford to overlook, particularly if there are children involved. It is a very important step towards the next chapter of your life.

Why have a Will?

Even if you don’t think you have a lot of assets to leave behind to anyone, having a Will is very important. The Will appoints an executor to administer your estate and outlines how your property and personal items should be distributed. 

Why have an Enduring Power of Attorney and Advanced Health Directive?

An Enduring Power of Attorney, is also very important as it allows you to appoint someone you really trust to act and make decisions on your behalf if you lose your mental capacity to make decisions about your personal matters, your health, your finances etc. This is especially important in situations if you were unfortunately incapacitated due to an illness or an accident. You may also want to choose a primary power of attorney and also name a backup in case the primary is unable to forfill their duties.

Another useful document is an Advanced Health Directive which can be made if there are concerns about the form of medical treatment you might receive after you become incapable.

What if I have a Will but it is not updated?

• There can be unintended consequences such as your assets going to unintended beneficiaries, (including your former partner and their family) important details being left out, or taxes being higher than they need to be.

• Certain changes in laws and regulations could make certain provisions of your outdated Will or Enduring Power of Attorney invalid or ineffective.

• You want to avoid potential disputes among beneficiaries and delay the intended beneficiaries getting access to your estate and wasting huge sums on contesting the Will.

• You want to ensure the executor of your own Will is someone you still trust to forfill their duties and carry out your wishes.

• You always need to have an emergency BACK UP plan!

Depending on what your wishes are, this plan can be tailor-made to your circumstances including:

creating a Testamentary Trust for taxation purposes or asset protection from creditor;

outlining what medical treatment you want to receive if you were to be incapacitated;

details of where all your important documents are kept for the executor

create a wish list for what you hoped for the children in the future and guardianship responsibilities

appoint someone to manage your finances.

 

• Potential tax and stamp duty benefits

You can obtain a number of benefits by having an effective estate plan for example setting up a Testamentary Trust within your will which can have significant tax benefits and transfer of titles to reduce or avoid stamp duty being paid.

Make an appointment with our Wills & Estates specialist to ensure you have accurately protected your assets and can fulfill your wishes through an affordable Wills & Estates Package.

Email us today at [email protected]

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Separation Support Network provides one-on-one support to guide you through the entire separation and divorce process. We help you navigate the immediate practical steps of your separation, listen to your unique circumstances, outline your options and recommend the services you need. We also provide help long term through your separation journey to reach your long term goals.

We do have a panel of lawyers who can assist, if and when required, but we work with you to avoid legal costs as much as possible by helping you understand all your options, assist you to gather your documentation and evidence, draft your proposed terms, and coordinate other specialist support if required to support your position. This helps avoid a lot of the initial outlays you would normally experience in a law firm, which often charge very high legal costs, per hour, for their time. It also helps you avoid a lot of time, stress and frustration.

Once legal matters are resolved by traditional firms, our clients report they often feel a sense of confusion and concern about what comes next - on how to actually co-parent and fulfill the parenting obligations, how to deal with the financial arrangements that were agreed upon, where to obtain the necessary financial education to manage your settlement, and how to secure your financial future. There is often the need to get help to change other key legal and financial documents, strategies to assist with co-parenting and communication with former partners, sorting the sale of assets, access to counselling for the family, finding a new career or a plan on how to start the next chapter of life. Separation Support network can walk beside you through all of this. We help you find the care you need and work collaboratively with a team who can assist.

Our aim is to ensure our clients are safe, emotionally supported all the way, personally educated and empowered to make their own decisions, and ultimately achieve a fair and equitable settlement, suitable parenting arrangement and successful future.

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The most common things said to us over the years by our clients:

"I am so confused about what to do next, where to get the help I need and who to trust."

"I can't work out what financial documents I even need to access and what I have to disclose ."

"I worked all my life to save and secure my superannuation and now we are going to destroy it with all the ongoing legal bills."

"I was a good parent and we had a great relationship but now I just can't reconnect with them."

We hear you!

Separation Support Network is essentially a one stop service network where you no longer need to spend countless hours finding the resources, locating kind and supportive care, legal and financial expertise, all at an affordable rate.

We work alongside incredibly experienced, supportive specialists who share our values in making the separation and divorce process more amicable, more empowering, more supportive and more affordable.

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Our clients have also reached out and requested that we prepare practical and affordable resources including audio/visual podcasts and webinars which consist of easy to understand, questions and answers to many of the day-to-day issues that they experience, but don’t know how to do. These can be booked and listened to at any time, anywhere by our clients. A transcript is also provided for our paid webinars.

In late 2024, Separation Support Network will release a series of highly practical webinars for all our clients at a very affordable price which can be viewed any time, anywhere as part of our new Separation course.

These webinars are not just made up of general information about topics. They are step by step practical guides on how to get through this challenging process to ensure your safety and legal rights.

We have interviewed some of the leading experts on these most sought after topics and hope that you find the content understandable, relatable and invaluable.  Please feel free to reach out anytime to suggest additional topics you would like us to add to our webinar library or to add to our course.

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