Paul Evans
20 October 2022

Avoid Disputes – Legal Wills, Enduring Powers of Attorney, Appointments of Enduring Guardians and Living Wills

Paul Evans


Tel: 02 9233 9084

Mob : 0466 889 754


Estate Planning, Trusts, Probate and Estate Litigation

Charities and Not-For-Profits

Dispute Resolution

The importance of estate planning in an ageing society.

Dementia Australia estimates that currently 487,500 Australians are living with dementia and that without a major medical breakthrough this figure is projected to increase to 1,076,000 people by 2058.  These numbers make sobering reading.  Another concerning statistic is that only 55% of Australian have a Will, with an even smaller proportion of Australians having recorded their wishes regarding the management of their financial and health and lifestyle affairs, if they lack capacity to manage them themselves.

It’s important to get your affairs in order before it’s too late by completing the following legally binding documents:

A Will, which takes effect only on your death, empowers you to:

  • choose appropriate executors to manage your wealth on your death;
  • make gifts to friends and charities;
  • distribute your assets as you choose;
  • establish trusts appropriate for asset protection and tax purposes.

If you don’t have a Will you will die intestate and your assets will be distributed in accordance with the Government Intestacy Rules. Please note that each state and territory in Australia has different rules.

The Dementia Australia statistics echo the US 2020 Census which shows for the first time in history, people over 64 outnumber children under 5 across the globe.  This marks an historic demographic change.

An aging population means people can expect longer periods of poor health and declining mental capacity. Because of this it is crucial to appoint substitute decision makers by completing:

  • An Enduring Power of Attorney covering your financial and property affairs; and
  • A Guardianship Nomination covering lifestyle and health issues
  • A Living Will dealing with end of life decisions permits you to express your wishes about medical treatment if you don’t have capacity and can’t speak for yourself.

In each case the document should appoint a trusted family member, friend or professional person chosen by you to make decisions for you if you can’t do so yourself.

If you don’t complete these documents NCAT (the Guardianship Tribunal) will step in to decide who will look after you.

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