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WILL & POWER OF ATTORNEY

Qualified assistance with Wills and Power of Attorney 

Failing to create a proper Will can have deeply upsetting consequences for your family and loved ones. By having a clear Will firmly set in place, you can ensure that your property and asset are dealt with in accordance to your exact wishes after your death, and even decide on a power of attorney.

If you die without a Will, statute law will dictate where your assets and estate end up,with little room for flexibility. Make an appointment with O’Briens Solicitors in Berri today and plan your Will and enduring power of Attorney and advance care directive before it’s too late.

Who can make a Will?


Any individual over the age of 18 can make a Will, and alter or make a new Will at any time. A Will made prior to marriage is not effective unless made in contemplation of marriage and separation or divorce should trigger an immediate review of the terms of your Will if you don’t wish for your partner to benefit from your estate. If you re-marry, your Will is automatically revoked.

Why we don’t recommend homemade Wills

More often than not, a homemade Will can be worse than having no Will at all. Like most things that are done to save money and time, homemade wills tend to end in heartache and more expense then you could possibly ever imagine. To ensure your estate gets left to the right people, you need to speak to a qualified lawyer who can guide you through the whole Will making process instead of risking having a Will that has not been properly made.

Preparing your Will

O’Briens Solicitors can help you with every aspect of your Will, including:

  • Who to appoint as your executors and trustees
  • Provisions for your spouse or partner
  • Special provisions for your children
  • What assets you can dispose of by your Will
  • What liabilities you need to provide for by your Will
  • The powers and directions you give to your trustees
  • Whether your wishes can be challenged
  • Who you wish to benefit from your Will
  • Whether you’d prefer to have a burial or cremation

Enduring Power of Attorney

Sometimes, life throws up challenging and difficult circumstances that require us to make significant decisions about a loved one. When someone becomes incapable of managing their affairs an enduring Power of Attorney means that you give another person power to act on your behalf ( for example, to buy & sell things for you or to operate your bank account)

An enduring Power of Attorney continues to operate even though you may later become unable to communicate(for example after an accident,an illness or if you become senile)

When appropriate powers of attorney are in place, the care, welfare, financial, and legal administration is all managed to suit your best interests. You can choose anybody you like to act as your power of attorney, such as amily member, trusted friend, lawyer or accountant.

Advance Care Directive

An advance care directive can authorise someone to make decisions about your medical treatment and your general welfare.

By making both an enduring power of attorney, which covers legal and financial affairs, and advance care directive, you are essentially making a ‘living will’, to ensure financial, personal and lifestyle affairs are taken care of, if you become unable to make decisions for yourself. 


For expert advice in planning your power of attorney, call us today on 08 8582 1288 .

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