Find FAQs related to last will and testaments. This is the place to learn more about wills, trusts, estate planning, holographic wills, living wills, inheritance, and other legal matters
A Will or Last Testament is a legal document in which you state who should inherit or receive your property, direct how to pay any outstanding debts and taxes, make bequests and gifts, and name a guardian for your minor children in case one is ever needed
These are the most common and recognised type of Will and invariably require two non-beneficiary witnesses to be present at the same time to witness the Testator’s signature to their Will. A simple or statutory Will is a “one-size-fits-all” document that works well for people with small, uncomplicated estates.
An Enduring Power of Guardianship in Australia is similar to a Living Will. Often termed an EGA it sets out instructions for what type of medical treatment, if any, you want administered should you be unable to communicate your wishes at that time. Examples of instructions in an [EGA] include whether you want to be put on a respirator or have a feeding tube, and whether you should be resuscitated if you stop breathing. It is not a document that distributes your assets after you die. NB : The Law differs in various States/Territories; For example, in NSW an EGA is a separate document whereas in QLD its combined with Enduring Power of Attorney (“EPOA”). In NSW an EPOA is a separate document dealing with legal & financial affairs only while incapacitated and terminates on death