Home » Services » Will Lawyers Melbourne & Estate Planning » Wills, Medical Powers of Attorney and Enduring Power of Attorney
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Argent Law

2 Stawell Street, Melbourne (Richmond) VIC 3121 (03) 9571 7444
  • 1. Documents to be prepared
    A Will is a legal document that clearly sets out your wishes for the distribution of your assets after your death. Having a clear, legally valid and up-to-date Will is the best way to help ensure that your assets are protected and distributed according to your wishes.
    An Enduring Power of Attorney appoints a person (or people) to make decisions on their behalf for financial matters (e.g. Property affairs and finances), personal matters (E.g. Accommodation and health care matters) or both financial and personal matters.
    An Enduring Medical Power of Attorney appoints a medical agent to make decisions on whether you consent to the person receiving medical or dental treatment. A medical agent also has the ability to refuse treatment if necessary.
  • 2. Client
    • Client 1
    • Contact:
    • Client 2
  • 3. Existing will
    • Client 1
    • Is another will intended
    • Client 2
    • Is another will intended
  • 4. Executor / trustees
    • Client 1
    • Client 2
  • 5. Testamentary guardian of minor children
    • Client 1
    • Client 2
  • 6. Specific bequests
    • Client 1
    • Client 2
  • 7. Beneficiaries of the residue
  • It must be remembered that the provisions of a will do not affect the disposal of joint tenancy property or superannuation accounts. Joint tenancy property can only be dealt with if the joint tenancy is first severed into a tenancy in common. Superannuation needs to be dealt with by binding nomination.
    • Client 1
    • Client 2
  • 8. Superannuation / insurance
    • Client 1
    • Client 2
  • Note: Binding nominations are usually required to be renewed every three years.
  • 9. Other information
  • Has anyone been promised a benefit under the will?

  • Client 1
  • Client 2
  • Are any Family Court orders still on foot, has a binding financial agreement been entered into, is there a registered relationship under the Relationships Act 2008 or an unregistered domestic partner?

  • Client 1
  • Client 2
  • Are there any other matters which might affect the dispositions in the will?

  • Client 1
  • Client 2
  • If yes to any of the above provide details:
  • POWER OF ATTORNEY – ENDURING (FINANCIAL AND/OR PERSONAL)

  • 10. Attorney/s
    • Client 1
    • Alternate attorney/s
    • Further alternate attorney/s
    • Client 2
    • Alternate attorney/s
    • Further alternate attorney/s
  • If acting jointly, death of one attorney terminates power.
  • That is, over 18, not insolvent, not convicted/found guilty of a dishonesty offence, not a care worker, health provider or accommodation provider for the principal. Note: If convicted/found guilty of a dishonesty offence the attorney may still be appointed provided that the conviction/guilt has been disclosed to the principal and recorded in the power.

    If the attorney is authorised to undertake dealings in land the power may need to be registered in other jurisdictions.

  • 11. Limitations or notes
  • Any additional aspects which need to be considered vis-a-vis section 5:

    • Client 1
    • Client 2
  • POWER OF ATTORNEY – ENDURING MEDICAL

  • 12. ATTORNEYS / AGENTS
    • Client 1
    • Alternate attorney/s:

    • Further alternate attorney/s:

    • Client 2
    • Alternate attorney/s:

    • Further alternate attorney/s:

  • If acting jointly, death of one attorney terminates power.

  • 13. Limitations or notes
    • Client 1
    • Client 2
  • This field is for validation purposes and should be left unchanged.