Frequently Asked Questions
Here's what you need to know about creating a legally binding Will and appointing an Enduring Power of Attorney and Medical Treatment Decision Maker.
Legally Binding Will
If you don’t have a Will, you may end up leaving your loved ones in a state of confusion and incurring unnecessary costs related to the distribution of your assets. It doesn’t matter how old you are, a Will is worth putting into place and My Legal Will makes it easy to create one. You also risk your assets being left to individuals in your family who you may not have chosen as recipients.
If you die without having prepared a Will, then your property and assets will be distributed according to the laws of intestacy. This means that your assets may not go to the people that you want them to.
For example, most spousal couples choose to leave everything to their partner and then the last surviving partner will leave the assets to any children you and your partner have. However, if you die without a Will, your partner may not receive your entire estate. Under the laws of intestacy, your partner will receive the first $100,000 of your estate and one-third of everything after that. The rest of the estate is then distributed to your children.
Not only that, but you will have no control over who gets specific items. You may have sentimental belongings that you want that you want to leave to particular people after you pass away. Having a written Will is the only way to guarantee that people will receive the items you want them to.
Yes. McDonald Legal is a legal firm based in Melbourne’s CBD and we provide a range of integrated legal services. McDonald Legal’s’ My Legal Will platform has been developed by our specialists Will & Estate Lawyers, who are available to discuss your Will in more depth if you require this level of service.
Yes. With McDonald Legal’s’ My Legal Will platform you can appoint guardians for one or all of your children. We’d encourage you to discuss guardianship with people you entrust your children to first, so they understand what is involved in taking responsibility as a primary care giver.
The Executor plays an important role in executing your Will. They should be someone you trust over the age of 18, who will likely outlive you and has understood and accepted the role as Executor.
Yes. The Executor is the person who carries out your final wishes and is responsible for distributing assets, they can also be a beneficiary and receive assets as well.
No. People may think that there is a certain way that you are supposed to write your Will, but this is not true. You can and should distribute your hard-earned assets in the way that seems the most appropriate to you.
Once you have signed your Will and co-signed by witnesses, your Will is a legally binding document. It must be stored in a safe place and at a location that can be accessed if required by your Executors.
Yes. McDonald Legal will store your Executed Will in our Safe Keeping Fireproof Deeds storage facility free of charge and provide yourself and your Executors with Certified Copies of your Will and instructions on how to contact McDonald Legal for accessing the original signed Will.
Your online Will is stored securely in our encrypted vault. Please review our privacy policy and data protection policy for more information.
Yes. Our firewalls and encrypted vaults have gold-standard security protocols to keep your sensitive information secure and only accessible when required. Review our data protection policy here.
Your Will is sent to you by email as a PDF. If you need to make changes to your Will, you can log on to the McDonald Legal’s’ My Legal Will online portal and update your Will when required.
You can access your Will at any time to update and make changes at no cost by simply logging into your My Legal Will account.
The person you have nominated as your Executor will need to contact us and we will make an application for a Grant of Probate on their behalf. The grant is a legal document which confirms that the executor has the authority to deal with the deceased person’s assets (property, money and belongings). This is called ‘administering the estate’. When this grant is provided, it gives your Executor the ability to execute your Will as per your instructions.
Enduring Power of Attorney
Anyone over the age of 18, who has full capacity can appoint an Enduring Power of Attorney. This means you must have the ability to:
- Understand the facts and considerations about a situation.
- Understand the consequences and outcomes of your choices and decisions, including how they may affect you and others.
- Communicate your decision or choices.
Everyone. We never know what tomorrow holds for us, so it is reassuring to know that someone you have chosen that you trust will be responsible for decisions about your finances and care if, for whatever reason, you are not capable of making them yourself.
Someone who you trust to act in your best interests and respect your wishes, if you are unable to make decisions for yourself – this could be your spouse, a family member, a friend, or someone else you trust. Legally they must be over the age of 18.
Yes. You can appoint more than one person to be your Enduring Power of Attorney. You can specify that they make decisions together, separately, or about specific matters. You can also appoint an alternative Power of Attorney in case the person you appoint is unable or unwilling to act as your Power of Attorney.
When appointing an Enduring Power of Attorney, you should think about and communicate:
- Your wishes, should you be incapacitated or nearing death.
- Any religious or cultural considerations that should be considered in making decisions.
- Other people who you would like them to consult with when making decisions on your behalf.
It is up to you to decide what decision-making powers your Power of Attorney has. You may choose for them to be responsible for making decisions about financial matters, personal matters or both.
- Financial matters include things like paying bills, making investment decisions and buying and selling property.
- Personal matters include things such as access to support services and where and with whom you live.
Legally, an Enduring Power of Attorney is required to:
- Make decisions that you would’ve been likely to make yourself based on your wishes and preferences.
- Act in your best interests, with honesty and in good faith.
- Work and consult with other decision-makers.
- Encourage your participation in decision-making, life, and the community.
- Protect you from neglect, abuse, or exploitation.
- Manage your affairs responsibly.
- Keep accurate and up to date records.
- Avoid conflicts of interest.
Your Power of Attorney does not have the power to:
- Consent to a marriage or the dissolution of a marriage.
- Vote on your behalf.
- Make, amend or revoke your Will.
- Make decisions relating to the care of your children.
- Manage your Estate upon your death unless you appoint them as your Executor in your Will.
- Consent to anything that is illegal or unlawful.
The person you are appointing as your Power of Attorney should be aware that you are appointing them and agree to act as your Power of Attorney.
You may also like to make your healthcare providers and family members aware of your Power of Attorney.
An Enduring Power of Attorney starts once signed but is only effective should you be incapacitated and unable to make decisions on your own. It generally lasts until your death unless you choose to revoke or revise it.
Providing you still have the capacity to make decisions, you can revoke or cancel your Power of Attorney at any time.
Yes. You can log in to My Legal Will online at any time and update or change your Enduring Power of Attorney.
Medical Treatment Decision Maker
Anyone over the age of 18, who has full capacity can appoint a Medical Treatment Decision Maker. This means you must have the ability to:
- Understand the facts and considerations about a situation.
- Understand the consequences and outcomes of your choices and decisions, including how they may affect you and others.
- Communicate your decision or choices.
Everyone. We never know what tomorrow holds for us, so it is reassuring to know that someone you have chosen that you trust will be responsible for making decisions about your medical treatment if you are unable to do so. This becomes more and more important as you get older, particularly if you suffer from illness or disease.
Someone who you trust to act in your best interests and respect your wishes, if you are unable to make decisions for yourself – this could be your spouse, a family member, a friend, or someone else you trust. Legally they must be over the age of 18.
It is also important that they are willing to take on the role and that they have the time and communication skills to consult with loved ones and medical professionals.
Yes. You can appoint an alternative or alternative Medical Treatment Decision Maker. However, only one person can act as your Medical Treatment Decision Maker at a given time. Should your first appointment not be available, or unable to perform the role, the alternative appointee will perform the role.
When appointing your Medical Treatment Decision Maker, you should think about and communicate:
- Your wishes, should you be incapacitated or nearing death.
- Any religious or cultural considerations that should be considered in making decisions.
- Other people who you would like them to consult with when making decisions on your behalf.
If you do not have the capacity to do so, your Medical Treatment Decision Maker is responsible for making all decisions about your health care and medical treatment. Their decisions should be based on their understanding of your wishes and preferences.
The person you are appointing as your Medical Treatment Decision Maker should know and agree to be appointed. You should also clearly communicate your wishes and care preferences to them.
You may also like to make your healthcare providers and family members aware that you have appointed a Medical Treatment Decision Maker.
A Medical Treatment Decision Maker appointment starts once signed but is only effective should you be incapacitated and unable to make decisions about your own care. It generally lasts until your death unless you choose to revoke or revise it, or the person resigns or is unable to carry out their role.
Providing you still have the capacity to make decisions, you can revoke or cancel your Medical Treatment Decision Maker appointment at any time.
Yes. You can log in to My Legal Will online at any time and update or change your Medical Treatment Decision Maker appointment.
Why Wait Any Longer?
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