Wills and Estates Services
for Clients in Victoria and

Patford-Smith Legal Services delivers wills and estates solutions across Victoria and NSW. Contact our fully qualified and experienced team for a personalised service to help you get your affairs in order.

We are available to provide assistance in cases where a loved one has lost capacity and there is a need for the formal appointment of a guardian and/or administrator.

In situations where you have concerns regarding the behavior of a current guardian and/or administrator, we can offer guidance by explaining the available options, which may involve pursuing their formal removal.

What is a Will?

At law, a will (also known as a last will and testament) is a legal document in which the will maker (‘the testator’) sets out how they would like their property (the ‘estate’) to be dealt with after their death.

Wills should be updated as your life circumstances change. An example of a common change that may require an update to your Will is the birth of a child or grandchild. Other examples include a change in marital status or financial position.

Thinking of making your own Will? There’s a few reason why you should think again.

  • You risk not expressing your intentions clearly enough
  • You risk not drawing-up your Will properly
  • You may create a tax liability that your beneficiaries will have to pay

There are four things you need to ensure your Will is legally valid:

  • It must be in writing (typed or handwritten)
  • You must have capacity (you must know what you are doing)
  • It must be signed, and
  • Your signature must be witnessed by two other people who also need to sign the will.

If You Need To Get Your Affairs In Order, We Are Here To Help

Although thinking about your Will can be daunting, making a Will is an important exercise that needs serious consideration. Dying without a Will can inevitably prove difficult for your family. If you die without a Will, you will be said to have died ‘intestate’. An effective Will can provide protection to those that you love and care about and can assist in making the process of managing your estate a stress-free one for your family and loved ones.

What is a Power of Attorney?

A power of attorney is a legal document you use to nominate a person to act on your behalf in financial and property matters. This person will act as your attorney – but they don’t have to be a solicitor, they can be a friend, a family member or a business partner. A general power of attorney A general power of attorney is typically given for a specific period and is often used in regards to matters of business. You may wish to appoint a general power of attorney if you are heading overseas or into the hospital. If you were to lose capacity due to illness or accident during this time, the general power of attorney would stop operating and therefore the appointed attorney would not be able to make financial decisions on your behalf.

Speak to Us About Our Wills and Estates Services. Call